FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxation Without Representation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The phrase ``no taxation without representation'' was a rallying cry of many American colonists during the period of British rule in the 1760s and early 1770s. The slogan gained widespread notoriety after the passage of the Sugar Act on April 5, 1764. (2) American colonists increasingly resented being levied taxes without having actual legislators seated and voting in Parliament in London. The idea that there should be no taxation without representation dated back even further. Benjamin Franklin stated, ``it is suppos'd an undoubted Right of Englishmen not to be taxed but by their own Consent given thro' their Representatives.''. (3) This issue became even more defined in 1765 with the passage of the Stamp Act which was the first true attempt to levy a direct tax on the American colonies. Ultimately the tax was repealed, but the idea of no taxation without representation persisted. (4) Article I, section 2, clause 1 of the United States Constitution, states, ``The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.''. (5) The Organic Act of 1801 placed Washington, DC, under the exclusive jurisdiction of the United States Congress and people in the District were no longer considered residents of Virginia or Maryland. (6) Many in Washington, DC, were immediately opposed to the idea of being taxed without congressional representation and over the years several congressional leaders introduced constitutional amendments to give the District of Columbia voting representation, though none were successful. (7) In 1898, Puerto Rico was acquired by the United States and currently has a Resident Commissioner with limited voting rights. Section 933 of the Internal Revenue Code of 1986 exempts bona fide citizens who are residents of Puerto Rico for the entire taxable year from Federal taxes on income earned in Puerto Rico. (8) On March 31, 1917, the United States took possession of the Virgin Islands and in 1927, the territory's residents were granted citizenship. Under section 932 of the Internal Revenue Code of 1986, individuals who are bona fide residents of the United States Virgin Islands during the entire taxable year, and who fully pay all income tax liabilities to the United States Virgin Islands, are not subject to Federal income taxes on their income. (9) Guam was established as a territory of the United States after the passage of the Guam Organic Act of 1950. Under the provisions of section 935 of the Internal Revenue Code of 1986, residents of Guam are required to file tax returns with Guam, but not with the United States Federal Government and therefore the residents do not have to pay United States Federal income taxes. (10) The Commonwealth of the Northern Mariana Islands was established in 1975 after residents decided not to pursue independence, but instead they opted to enter into territory negotiations. The tax treatment of the Northern Mariana Islands is similar to the structure of Guam in that bona fide residents are not required to pay Federal income taxes. (11) American Samoa, which is technically considered ``unorganized'' because no Organic Acts have been passed by Congress, is governed by section 931 of the Internal Revenue Code of 1986. Under this section, bona fide year-round residents are exempt from Federal taxes on income they earn in Samoa, Guam, and Northern Mariana Islands, but are subject to Federal taxes on income earned elsewhere. (12) In keeping with the early history and democratic traditions of the United States, the principles established in the Constitution, and in conformance with the other territories of the United States which have delegates but no Representative, the residents of the District of Columbia should be exempt from paying United States Federal income taxes. SEC. 3. EXCLUSION FROM GROSS INCOME FOR INCOME FROM SOURCES WITHIN THE DISTRICT OF COLUMBIA. (a) In General.--Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF COLUMBIA. ``(a) General Rule.--In the case of an individual who is a bona fide resident of the District of Columbia during the entire taxable year, gross income shall not include-- ``(1) income derived from sources within the District of Columbia, and ``(2) income effectively connected with the conduct of a trade or business by such individual within the District of Columbia. ``(b) Deductions, etc. Allocable to Excluded Amounts Not Allowable.--An individual shall not be allowed-- ``(1) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions), or ``(2) any credit, properly allocable or chargeable against amounts excluded from gross income under this section. ``(c) Bona Fide Resident and Other Applicable Rules.--For purposes of this section, rules similar to the rules of section 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall apply.''. (b) Clerical Amendment.--The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 938. Income from sources within the District of Columbia.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

No Taxation Without Representation Act Amends the Internal Revenue Code to allow bona fide residents of the District of Columbia an exclusion from gross income for income derived from sources within the District of Columbia and for income effectively connected with a trade or business within the District of Columbia.

No Taxation Without Representation Act

SECTION 1. HANDGUNS IN SCHOOLS LIMITATIONS. (a) Establishment.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 161. Handguns in Schools Limitations ``(a) Withholding of Funds for Noncompliance.-- ``(1) General rule.--Beginning with fiscal year 1995 (or a later date determined pursuant to paragraph (2)(A)), the Secretary shall withhold the applicable percentage specified in paragraph (2) of the amount required to be apportioned to a State under paragraphs (1), (2), (5), and (6) of section 104(b) for the fiscal year, if, for any period during the immediately preceding fiscal year, the State does not have in effect a State law that meets the requirements of subsection (c). ``(2) Applicable percentages.-- ``(A) First fiscal year.--For fiscal year 1995, or the fiscal year immediately following the expiration of the first regular legislative session following the date of enactment of this section, whichever is later, the applicable percentage shall be 5 percent. ``(B) Subsequent fiscal years.--For fiscal year 1996, and each subsequent fiscal year, or for the second fiscal year after the expiration of the first regular legislative session following the date of enactment of this section, whichever is later, and for each subsequent fiscal year, the applicable percentage shall be 10 percent. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability.--Any funds withheld under this section that would otherwise have been apportioned to a State shall remain available for apportionment to the State until the end of the fourth fiscal year following the fiscal year for which the funds were made available. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State makes effective a State law that meets the requirements of subsection (c), as soon as practicable after the effective date of the law, the Secretary shall apportion to the State the withheld funds remaining available for apportionment to the State pursuant to paragraph (1). ``(3) Effect of noncompliance.--If, on the termination of the period for which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State does not have in effect a State law that meets the requirements of subsection (c), the sums not obligated shall lapse, or, in the case of funds withheld from apportionment under section 104(b)(5), the funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(c) Requirements for State Law.-- ``(1) In general.--The Secretary shall consider a State law as meeting the requirements of this subsection if the State law includes-- ``(A) the requirements for first offenses and subsequent offenses pursuant to paragraphs (2) and (3); and ``(B) the exemptions described in paragraph (4). ``(2) First offenses.--A State law that meets the requirements of this subsection shall specify-- ``(A) that on receipt of notification of the principal (or equivalent official) of an elementary school or a secondary school located in the State that an individual was found in possession of a handgun on the premises of the school who is not subject to an exemption described in paragraph (4), the head of the State entity responsible for issuing drivers licenses for the operation of motor vehicles shall, pursuant to such procedures as the head (or appropriate State entity) establishes-- ``(i) in the case of an individual who holds a drivers license issued by the State, revoke the drivers license of the individual; or ``(ii) in the case of an individual who does not hold a drivers license issued by the State (including any individual who has not attained the age required under State law to hold a drivers license), take such action as is necessary to ensure that the individual is subject to the restrictions referred to in subparagraph (B)(ii); ``(B)(i) a revocation period of 5 years applicable to an individual referred to in subparagraph (A)(i) beginning on the date on which the head of a State entity referred to in subparagraph (A) revokes the drivers license of the individual; and ``(ii) a withholding period-- ``(I) of 5 years, in the case of an individual referred to in subparagraph (A)(ii) who has attained the age required under the law of the State to hold a drivers license; and ``(II) in the case of an individual referred to in subparagraph (A)(ii) who has not attained the age required under the law of the State to hold a drivers license, that begins on the date on which the head of a State entity referred to in such subparagraph takes action pursuant to such subparagraph and ends on the later of-- ``(aa) the date on which the individual attains the age of 18; or ``(bb) the date that is 5 years after the head takes the action; and ``(C) that during a withholding period or revocation period described in subparagraph (B), the State may not issue or reissue a drivers license to the individual who is subject to the withholding or revocation. ``(3) Subsequent offenses.--A State law that meets the requirements of this subsection shall specify that if, during the 5-year period beginning on the date on which the head of a State entity referred to in paragraph (2)(A) revokes a drivers license of an individual pursuant to paragraph (2)(A)(i), or in the case of an individual who does not hold a drivers license, takes an action pursuant to paragraph (2)(A)(ii), the head receives a notification with respect to the individual by a principal (or equivalent official) pursuant to paragraph (2)(A), the head shall, pursuant to such procedures as the head (or appropriate State entity) shall establish-- ``(A)(i) in the case of an individual who holds a drivers license issued by the State, revoke the drivers license for a 10-year period (beginning on the date on which the head receives the notification) during which the State may not reissue a drivers license to the individual; or ``(ii) in the case of an individual who does not hold a drivers license issued by the State, take such action as may be necessary to ensure that the individual may not be issued a drivers license by the State during a period (beginning on the date the head receives the notification) equal to-- ``(I) 10 years; plus ``(II) the untolled amount of a revocation or withholding period applicable to the individual that has been established pursuant to paragraph (2)(B) (if any), as of the date the head takes an action under this subsection; and ``(B) ensure that during an applicable period specified in subparagraph (A), no individual subject to a revocation or withholding of a drivers license may be issued a drivers license by the State. ``(4) Exemptions.--A State law that meets the requirements of this subsection shall specify that the requirements of paragraphs (2) and (3) shall not apply to the possession of a handgun-- ``(A) on private property that is not part of the premises of a school; ``(B) if-- ``(i) the individual possessing the handgun is licensed to possess the handgun by the State in which the elementary school or secondary school is located or by a political subdivision of the State; and ``(ii) the State or political subdivision of the State required that, as a condition of the issuance of the license, an appropriate law enforcement authority of the State or political subdivision of the State verified that the individual is qualified pursuant to applicable laws to hold the license; ``(C) that is-- ``(i) not loaded; and ``(ii) in a locked container, or a locked firearms rack that is on a motor vehicle; ``(D) by an individual for use in a program approved by the appropriate official of an elementary school or secondary school (or entity of the State or political subdivision of the State responsible for the administration of the elementary school or secondary school); ``(E) by an individual in accordance with a contract that the appropriate official of the elementary school or secondary school (or entity of the State or political subdivision of the State responsible for the administration of the elementary school or secondary school) has entered into with the individual or employer of the individual; ``(F) by a law enforcement officer acting in an official capacity; or ``(G) that is unloaded and possessed by an individual while traversing the premises of the elementary or secondary school for the purpose of gaining access to public or private lands open to hunting, if the entry on the premises of the elementary school or secondary school is authorized by the appropriate official of the school (or entity of the State or political subdivision of the State responsible for the administration of the elementary school or secondary school). ``(d) Definitions.--As used in this section: ``(1) Elementary school.--The term `elementary school' has the meaning provided the term in 1471(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(8)). ``(2) Handgun.--The term `handgun' means-- ``(A) a firearm that has a short stock and is designed to be held and fired by the use of a single hand; or ``(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. ``(3) Premises.--With respect to an elementary school or secondary school, the term `premises' includes the school building and the grounds of the school. ``(4) Secondary school.--The term `secondary school' has the meaning provided the term in section 1471(21) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(21)).''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item: ``161. Handguns in schools limitations.''. (c) Statutory Construction.--Nothing in this section or the amendments made by this section is intended to limit the authority of the government of a State or political subdivision of a State to enact and enforce a law that imposes a penalty that exceeds or supplements the penalties specified in section 161 of title 23, United States Code (as added by subsection (a)).

Provides for the withholding of Federal highway funds for States that do not require the immediate revocation of the driver's license of an individual who is found in possession of a handgun on the premises of an elementary or secondary school. Sets forth provisions regarding: (1) apportionment of withheld funds; and (2) exemptions.

A bill to require the withholding of Federal highway funds for States that do not require the immediate revocation of the drivers license of an individual who is found in possession of a handgun on the premises of an elementary or secondary school located in the State, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mountaintown National Scenic Area Act of 2007''. SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. (a) Establishment.--There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area (in this section referred to as the ``scenic area'') consisting of approximately 13,382 acres, as generally depicted on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee National Forest, Georgia'' and dated May 3, 2006. (b) Map and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. (c) Management.-- (1) Purposes.--The Secretary shall manage the scenic area for the purposes of-- (A) ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area; (B) protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A); (C) providing parcels within the area that may develop characteristics of old-growth forests; and (D) providing a variety of recreation opportunities, consistent with the preceding purposes. (2) Priority.--In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (c)(1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (c)(1), using such means as the Secretary considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws.

Mountaintown National Scenic Area Act of 2007 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest.

To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Commission Procedures Act of 2002''. SEC. 2. DECLARATION OF LEGISLATIVE AUTHORITY. The requirements, conditions, and restrictions provided in this Act are imposed in the exercise of the authority of Congress under clauses 1, 10, 11, 12, 13, 14, and 18 of section 8 of article I of the Constitution. SEC. 3. APPLICABILITY. The provisions of this Act shall apply with respect to each military commission established by, or pursuant to authority granted by, the President (whether by the Military Order of November 13, 2001, or otherwise) to try an individual who is not a United States citizen and with respect to whom the President determines that-- (1) there is reason to believe that the individual, at the relevant times-- (A) is or was a member of the organization known as al Qaeda; (B) has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy; or (C) has knowingly harbored one or more individuals described in subparagraph (A) or (B); and (2) it is in the interest of the United States that such individual be subject to trial by a military commission on such charge. SEC. 4. SUBJECT MATTER JURISDICTION. A military commission may only adjudicate violations of the international law of war. SEC. 5. COMPOSITION OF MILITARY COMMISSION. (a) Minimum Number of Members.--A military commission shall consist of not less than five members. (b) Absent or Excused Members.--No member of a military commission may be absent or excused after the military commission has been assembled for the trial of the defendant unless excused as a result of a challenge or excused by the Secretary of Defense for physical disability or other good cause. (c) Replacement of Excused Members.--Whenever a military commission is reduced below five members, the trial may not proceed unless the Secretary of Defense details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the military commission has been read to the military commission in the presence of the other members of the military commission, the defendant, and counsel for both sides. SEC. 6. REPRESENTATION BY COUNSEL. (a) In General.--A defendant charged with any offense referred or to be referred to trial by a military commission shall have the same rights to representation by counsel as does an accused in a general court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (b) Civilian Counsel.-- (1) Security clearance.-- (A) Expedited consideration.--The Secretary of Defense shall ensure that a civilian counsel representing a defendant before a military commission is timely processed for the security clearance required for access to materials necessary for providing the defendant with effective assistance of counsel. (B) Counsel ineligible for clearance.-- Notwithstanding subsection (a), a defendant referred to in that subsection is not entitled to be represented by a civilian counsel who is not eligible for the necessary security clearance, as determined in writing by the Secretary of Defense. The determination of the Secretary shall be final and is not subject to appeal to, or other review by, any court of the United States. (2) Travel expenses.--The Secretary of Defense shall pay a civilian counsel for travel away from the counsel's home or regular place of business in connection with the representation of a defendant before a military commission. The rates for the payment of travel expenses shall be those authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. SEC. 7. TRIAL PROCEDURES. (a) Trial and Sentencing Phases.--Each trial by a military commission shall be composed of two phases, as follows: (1) Hearing on issue of guilt.--A hearing for the presentation of evidence and argument on the issue of guilt. (2) Hearing on sentencing.--A hearing, after any verdict of guilty, for the presentation of evidence and argument on the issue of appropriate sentence. (b) Confrontation of Witnesses.--Subject to section 8(c), a defendant in a trial by a military commission shall have-- (1) the right to confront and cross-examine each witness providing evidence offered by the prosecution against the defendant in the trial; and (2) the right to examine all evidence offered by the prosecution against the defendant in the trial. (c) Notice of Referral as Capital Offense.--For a charged offense to be tried and sentenced as a capital offense by a military commission in any case-- (1) the charge shall specifically set forth an allegation of the aggravating factors on which a sentence of death is justified; and (2) the referral of the charge to the military commission shall specify that the maximum punishment authorized for the offense in the case includes death. (d) Burden of Proof.-- (1) Presumption of innocence.--The defendant in a trial by a military commission shall be presumed innocent until proven guilty. (2) Standard of proof.--The prosecution shall have the burden of proving guilt of a charged offense beyond a reasonable doubt. (3) Capital offenses.--For an offense charged and referred to a military commission as a capital offense, the prosecution shall also have the burden of proving one or more aggravating factors sufficient to justify the sentence of death beyond a reasonable doubt. (e) Voting on Issue of Guilt.-- (1) Capital offenses.--For an offense charged and referred to a military commission as a capital offense-- (A) a finding of guilty of the offense as a capital offense results only if all members of the military commission present at the time the vote is taken vote for a finding of guilty and a finding of an alleged aggravating factor or a set of alleged aggravating factors sufficient to justify the sentence of death; or (B) a finding of guilty of the offense as a noncapital offense results only if at least \2/3\ of all members of the military commission present at the time the vote is taken vote for a finding of guilty. (2) Other offenses.--In the case of an offense for which the maximum penalty does not include death, a finding of guilty of the offense results only if at least \2/3\ of all members of the military commission present at the time the vote is taken vote for a finding of guilty. (f) Voting on Sentence.--A sentence may be adjudged by a military commission only if the requisite number of members of the military commission vote for that sentence. The requisite number of members is as follows: (1) Sentence to death.--In the case of a sentence that includes death, all members of the military commission present at the time the vote is taken. (2) Sentence to confinement for more than 10 years.--In the case of a sentence that includes confinement for life or more than 10 years, at least \3/4\ of all members of the military commission present at the time the vote is taken. (3) Other sentences.--In the case of a sentence not described in paragraph (1) or (2), at least \2/3\ of all members of the military commission present at the time the vote is taken. (g) Record of Trial.-- (1) Requirement for record.--A record of each trial by a military commission shall be prepared promptly after the conclusion of the trial. (2) Verbatim transcript.--The record of trial shall include a verbatim written transcript of all sessions of the trial except for sessions that are closed for deliberation and voting by the military commission. (3) Exhibits and other evidence.--The record of trial shall also include all exhibits and other real or demonstrative evidence, except that photographs may be substituted for any large written or graphic exhibits and any other real or demonstrative evidence. If a photograph is substituted for an exhibit or other evidence, the prosecution shall retain the original exhibit or other evidence, respectively, until no further appeal of the results of the trial is authorized. (4) Classified information.--In the case of a conviction of a charge on which classified information is admitted as evidence by the military commission, the copy of the record of trial submitted to an appellate court shall include the classified information. SEC. 8. EVIDENTIARY MATTERS. (a) Statements of Defendants.-- (1) Admissibility.--In a trial by a military commission, a statement made by the defendant shall be admissible notwithstanding any failure to advise the defendant, or any defect in the advising of the defendant, under section 831 of title 10, United States Code (article 31 of the Uniform Code of Military Justice), if the statement is otherwise admissible. (2) Prohibition of compelled testimony.--A defendant in a trial by a military commission may not be compelled to testify in the trial. A military commission may not draw any evidentiary inference from a failure of the defendant to testify. (b) Discovery and Presentation of Exculpatory Evidence.--The defendant shall be accorded the opportunity to discover and present exculpatory evidence to the same extent as applies to defendants in courts-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (c) Classified Information.-- (1) Admissibility.--A military commission may admit and consider classified information offered by the prosecution in the case of a defendant if the prosecution has previously submitted a summary of the information, approved under this subsection, to the military commission and the defendant. The military commission shall receive and consider the classified information ex parte and in camera. (2) Summary of evidence.--Before offering classified information as evidence in a trial before a military commission, the prosecution shall submit a summary of the information to the military commission and the defendant. (3) Commission review.-- (A) Approval.--The military commission shall approve the summary of classified information if the military commission finds that the summary provides the defendant with information sufficient to ensure that the defendant has substantially the same ability to defend against the charge or charges to which the classified information relates as the defendant would have if the classified information were disclosed to the defendant. (B) Disapproval.--If the military commission disapproves the summary of information, the military commission shall notify the prosecution and the defendant of the disapproval and return the summary to the prosecution with the notification. (C) Revised submittal.--Upon receipt of a notification of a disapproval of a summary of classified information under subparagraph (B), the prosecution may submit a revised summary of the classified information to the military commission and the defendant within 15 days after the date on which the prosecution receives the notification. A revised summary of classified information shall be subject to subparagraphs (A) and (B). (D) Interlocutory appeal.-- (i) Authority.--The prosecution may appeal to the United States Court of Appeals for Military Commissions established under section 9(b) any disapproval of a summary or revised summary of classified information under this paragraph. (ii) Timeliness.--Any appeal under this subparagraph shall be commenced not later than 15 days after the date on which the prosecution receives the notification of disapproval from the military commission. (iii) Documentation.--The prosecution shall include in the appeal documents the classified information and the summary and, if any, the revised summary or summaries of such information, together with a summary of all of the other evidence intended to be offered by the prosecution. (iv) Action by appellate court.--The appellate court shall conduct a de novo review of the summary or summaries, as the case may be, and issue a final ruling on the interlocutory appeal within 45 days after all submittals required by the court are filed. SEC. 9. APPEAL. (a) In General.--Any individual convicted by a military commission is entitled to a review of that conviction in accordance with this section. (b) Review by United States Court of Appeals for Military Commissions.-- (1) Establishment of court.--Upon the first determination of the President to try and dispose of any charge before a military commission, there shall be established a court to be known as the United States Court of Appeals for Military Commissions (in this section referred to as the ``Court''). (2) Composition.-- (A) In general.--The Court shall be composed of three judges publicly designated by the Chief Justice of the United States from among the judges of the United States courts of appeals. (B) Limitation.--No two judges designated for the Court may be from the same court of appeals. (C) Vacancy.--Any vacancy in the Court shall be filled in the same manner as the original designation, subject to subparagraph (B). (3) Duration.--The Court shall continue until the final disposition of all matters under the jurisdiction of the Court on any charges that may be tried or disposed of by a military commission. (4) Procedure.--The Court shall establish its rules of procedure. Such rules shall be consistent, to the extent practicable, with applicable provisions of the Federal Rules of Appellate Procedure and the rules of procedure prescribed by the United States Court of Appeals for the Armed Forces under section 944 of title 10, United States Code (article 144 of the Uniform Code of Military Justice). (5) Jurisdiction.--The Court shall have jurisdiction to review the following: (A) Interlocutory appeal of disapproval of summary of classified information.--Any interlocutory appeal of the disapproval of a summary or revised summary of classified information under section 8(c)(3)(D). (B) Appeal of conviction.--Any appeal of the conviction of an individual by a military commission. (6) Proceedings.--Proceedings under this subsection in review of an appeal under paragraph (5)(B) shall be conducted as expeditiously possible. (c) Review by Supreme Court.-- (1) In general.--Decisions by the Court are subject to review by the Supreme Court by writ of certiorari. (2) Exemption from certain petition requirements.--An individual may petition the Supreme Court for a writ of certiorari under this subsection without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.

Military Commission Procedures Act of 2002 - Authorizes each military commission established by the President to try an individual who is not a U.S. citizen if the President determines that there is reason to believe that the individual: (1) is or was a member of the al Qaeda organization; (2) has engaged in, aided or abetted, or conspired to commit acts of international terrorism that have caused or threatened to cause injury to, or adverse effects on, the United States or its citizens, national security, foreign policy, or economy; or (3) has harbored one of more of such individuals. Allows each commission to adjudicate only violations of the international law of war.Requires each such individual to be represented by counsel. Outlines trial procedures. Requires the prosecution to have the burden of proving guilt.Entitled convicted individuals to a review by the U.S. Court of Appeals for Military Commissions (established under this Act).

A bill to set forth certain requirements for trials and sentencing by military commissions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Poland Parliamentary Youth Exchange Program Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States established diplomatic relations with the newly-formed Polish Republic in April 1919. (2) The United States and Poland have enjoyed close bilateral relations since 1989. (3) Poland became a member of the North Atlantic Treaty Organization (NATO) in March 1999. (4) Poland became a member of the European Union (EU) in May 2004. (5) Poland has been a strong supporter, both diplomatically and militarily, of efforts led by the United States to combat global terrorism and has contributed troops to the United States-led coalitions in both Afghanistan and Iraq. (6) Poland cooperates closely with the United States on such issues as democratization, nuclear proliferation, human rights, regional cooperation in Eastern Europe, and reform of the United Nations. (7) The United States and Poland seek to ensure enduring ties between both governments and societies. (8) It is important to invest in the youth of the United States and Poland in order to help ensure long-lasting ties between both societies. (9) It is in the interest of the United States to preserve a United States presence in Europe and to continue to contribute to the development of transatlantic relationships. (10) Poland for many years received international and United States financial assistance and is now determined to invest its own resources toward attaining its shared desire with the United States to develop international cooperation. SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM. (a) Authority.--The President, acting through the Secretary of State and in cooperation with the Government of Poland, may establish and carry out a parliamentary exchange program for youth of the United States and Poland. (b) Designation.--The youth exchange program carried out under this subsection shall be known as the ``United States-Poland Parliamentary Youth Exchange Program''. (c) Purpose.--The purpose of the youth exchange program is to demonstrate to the youth of the United States and Poland the benefits of friendly cooperation between the United States and Poland based on common political and cultural values. (d) Eligible Participants.--An individual is eligible for participation in the youth exchange program if the individual-- (1) is a citizen or national of the United States or of Poland; (2) is under the age of 19 years; (3) is a student who is enrolled and in good standing at a secondary school in the United States or Poland; (4) has been accepted for up to one academic year of study in a program of study abroad approved for credit at such school; and (5) meets any other qualifications that the President may establish for purposes of the program. (e) Program Elements.--Under the youth exchange program, eligible participants selected for participation in the program shall-- (1) live in and attend a public secondary school in the host country for a period of one academic year; (2) while attending public school in the host country, undertake academic studies in the host country, with particular emphasis on the history, constitution, and political development of the host country; (3) be eligible, either during or after the completion of such academic studies, for an internship in an appropriate position in the host country; and (4) engage in such other activities as the President considers appropriate to achieve the purpose of the program. (f) Relationship to Other Authorities.--The President may utilize the authorities and procedures set out in title VIII of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471 et seq.) to establish and carry out the youth exchange program. SEC. 4. ANNUAL REPORT TO CONGRESS. The Secretary of State shall submit to Congress an annual report on the United States-Poland Parliamentary Youth Exchange Program established under this Act. Each annual report shall include-- (1) information on the implementation of the Program during the preceding year: (2) the number of participants in the Program during such year; (3) the names and locations of the secondary schools in the United States and Poland attended by such participants; (4) a description of the areas of study of such participants during their participation in the Program; (5) a description of any internships taken by such participants during their participation in the Program; and (6) a description of any other activities such participants carried out during their participation in the Program. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the Department of State for fiscal year 2007 such sums as may be necessary to carry out the youth exchange program authorized by this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended.

United States-Poland Parliamentary Youth Exchange Program Act of 2006 - Authorizes the President, through the Secretary of State and in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program.

To establish a United States-Poland parliamentary youth exchange program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Firefighters Protection Act of 2014''. SEC. 2. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING SPECIFIED FLAME RETARDANTS. (a) Definitions.--In this section, the terms ``children's product'', ``consumer product'', ``distribute in commerce'', ``distributor'', ``import'', ``manufacturer'', ``retailer'', and ``United States'' have the meanings given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (b) Prohibition.--It shall be unlawful for any manufacturer, distributor, or retailer to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any children's product or upholstered furniture that contains a flame retardant specified in subsection (c) that exceeds 1,000 parts per million total chemical content by weight for any part of the product or furniture. (c) Specified Flame Retardants.--The flame retardants specified in this subsection are the following: (1) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (chemical abstracts service number 13674-87-8). (2) Tris(2-chloroethyl)phosphate (TCEP) (chemical abstracts service number 115-1496-8). (3) Tetrabromobisphenol A (TBBPA) (chemical abstracts service number 79-94-7). (4) Decabromodiphenyl ether (chemical abstracts service number 1163-19-5). (5) Antimony trioxide (chemical abstracts service number 1309-64-4). (6) Hexabromocyclododecane (HBCD) (chemical abstracts service number 25637-99-4). (7) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (chemical abstract service number 26040-51-7). (8) 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (chemical abstract service number 183658-27-7). (9) Chlorinated paraffins (chemical abstract services number 85535-84-8). (10) Tris (1-chloro-2-propyl) phosphate (TCPP) (chemical abstract service number 13674-84-5). (11) Such other chemical flame retardants as the Commission may specify by rule under subsection (d)(5). (d) Chronic Hazard Advisory Panel.-- (1) Appointment.--Not later than 180 days after the date of the enactment of this Act, the Commission shall appoint a chronic hazard advisory panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (15 U.S.C. 2077) to study the effects on human health of all chemical flame retardants as used in children's products or upholstered furniture. (2) Examination.-- (A) In general.--The panel shall, not later than 540 days after the date on which the panel is appointed under paragraph (1), complete an examination of the potential hazards and exposures for the full range of chemical flame retardants that may be used in children's products or upholstered furniture to meet applicable fire safety standards and shall-- (i) examine potential health effects of the chemical flame retardants, including-- (I) developmental toxicity; (II) carcinogenicity, genetic damage, or reproductive toxicity; (III) endocrine disruption; (IV) toxicity related to the nervous system, immune system, or organs or cause other systemic toxicity; and (V) whether they are-- (aa) persistent, bioaccumulative, and toxic; or (bb) very persistent and very bioaccumulative; (ii) consider the potential health effects of such chemical flame retardants, both in isolation and in combination with other flame retardants; (iii) examine biomonitoring studies that document existing levels and likely future levels of chemical flame retardants in children, pregnant women, firefighters (including combustion by-products of chemical flame retardants), and others; (iv) examine data and analysis regarding the chemical flame retardants in household dust, indoor air, or elsewhere in the home environment; (v) consider the cumulative effects of total exposure to flame retardants, both from children's products, upholstered furniture, and from other sources, such as food, commercial furniture, building insulation, and electronics; (vi) review all relevant data, including the most recent, best-available, peer-reviewed, scientific studies of these chemical flame retardants that employ objective data collection practices or employ other objective methods; (vii) consider the amounts of chemical flame retardants used in consumer products and the total volumes manufactured for use; and (viii) consider possible similar health effects of chemical flame retardants used in children's products or upholstered furniture. (3) Do novo.--The panel's examinations pursuant to this subsection shall be conducted de novo. The findings and conclusions of any previous chronic hazard advisory panel on chemical flame retardants and other studies conducted by the Commission shall be reviewed by the panel but shall not be considered determinative. (4) Report.--Not later than 180 days after completing its examination, the panel appointed under paragraph (1) shall submit to the Commission a report on the results of the examination conducted under this section and shall make recommendations to the Commission regarding any chemical flame retardants (or combinations of chemical flame retardants) in addition to those identified in paragraphs (1) through (10) of subsection (c) that the panel determines should be prohibited under subsection (b). (5) Specification of additional chemical flame retardants.--Not later than 180 days after receiving the report of the panel under paragraph (4), the Commission shall-- (A) evaluate the findings of the chronic hazard advisory panel regarding the examination carried out under paragraph (2); (B) evaluate the recommendations submitted by the chronic hazard advisory panel under paragraph (4); and (C) promulgate a final rule, based on the evaluations carried out under subparagraphs (A) and (B) of this paragraph, that specifies such chemical flame retardants that are not listed in paragraphs (1) through (10) of subsection (c) as the Commission determines that the presence of such chemical flame retardant in any part of a children's product or upholstered furniture may cause substantial personal injury or substantial illness, including-- (i) developmental or learning disabilities; (ii) cancer; (iii) endocrine disruption; (iv) reproductive harm; or (v) damage to the nervous system, immune system, or organs or cause other systemic toxicity. (e) Treatment of Violation.--A violation of subsection (b) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)). (f) Product Certification and Labeling.--A product subject to subsection (b) of this section shall not be subject to section 14(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) with respect to testing for compliance with the requirements of this section. (g) Rulemaking.-- (1) In general.--The Consumer Product Safety Commission shall promulgate rules to carry out this section in accordance with section 553 of title 5, United States Code. (2) Exemption from certain requirements.--The requirements of sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to a rulemaking under this section. (h) Relation to State Law.--This section shall not annul, alter, or affect a provision of law of a State relating to the presence of a chemical flame retardant in a children's product or upholstered furniture except to the extent that such provision of law is inconsistent with a provision of this section, and then only to the extent of the inconsistency. For purposes of this section, a provision of law of a State is not inconsistent with the provisions of this section if the protection such provision of law affords any person is greater than the protection provided under this section. (i) Effective Date.-- (1) In general.--This Act shall take effect on the date of the enactment of this Act, except subsection (b) shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Applicability.--Subsection (b) shall apply with respect to children's products and upholstered furniture manufactured after the date that is 1 year after the date of the enactment of this Act.

Children and Firefighters Protection Act of 2014 - Prohibits manufacturers, distributors, or retailers from selling, manufacturing for sale, distributing in commerce, or importing into the United States any children's product or upholstered furniture that contains a flame retardant exceeding a specified amount of the total chemical content by weight for any part of the product or furniture. Specifies flame retardants that are subject to such prohibitions. Requires the Consumer Product Safety Commission (CPSC) to appoint a chronic hazard advisory panel to study the effects on human health of all chemical flame retardants as used in such products or upholstered furniture. Directs the CPSC, after receiving a report from the advisory panel evaluating the full range of such retardants, to promulgate a final rule specifying retardants that are not already listed in this Act that may cause substantial personal injury or illness. Makes such CPSC-specified retardants subject to the prohibitions of this Act.

Children and Firefighters Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homebuyer Tax Credit Oversight and Accountability Act of 2009''. SEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME HOMEBUYER TAX CREDIT. (a) Age Limitation.-- (1) In general.--Subsection (b) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Age limitation.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence unless the taxpayer has attained age 18 as of the date of such purchase. In the case of any taxpayer who is married (within the meaning of section 7703), the taxpayer shall be treated as meeting the age requirement of the preceding sentence if the taxpayer or the taxpayer's spouse meets such age requirement.''. (2) Conforming amendment.--Subsection (g) of section 36 of such Code is amended by striking ``subsections (c) and (f)(4)(D)'' and inserting ``subsection (b)(3), (c), and (f)(4)(D)''. (b) Documentation Requirement.--Subsection (d) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting a comma, and by adding at the end the following new paragraphs: ``(3) the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase, or ``(4) the taxpayer fails to attach to the return of tax for such taxable year a certified statement of the taxpayer's eligibility for the tax credit issued by the real estate reporting person (as defined in section 6045(e)(2)) with respect to such purchase.''. (c) Restriction on Married Individual Acquiring Residence From Family of Spouse.--Clause (i) of section 36(c)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(or, if married, such individual's spouse)'' after ``person acquiring such property''. (d) Certain Errors With Respect to the First-Time Homebuyer Tax Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (M), by striking the period at the end of subparagraph (N) and inserting ``, and'', and by inserting after subparagraph (N) the following new subparagraph: ``(O) an entry on a return claiming the credit under section 36 if-- ``(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(3), ``(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or ``(iii) the taxpayer fails to attach to the return the form described in paragraph (3) or (4) of section 36(d).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to purchases after the date of the enactment of this Act. (2) Documentation requirement.--The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act. (3) Treatment as mathematical and clerical errors.--The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2008. (f) Investigation and Prosecution; Report.--The Commissioner of Internal Revenue shall take such steps as are necessary to investigate and prosecute instances of fraud related to the first-time homebuyer tax credit under section 36 of the Internal Revenue Code of 1986. The Commissioner of Internal Revenue shall provide reports to Congress on the status of the investigatory and prosecutorial actions not later than 90 days after the date of the enactment of this Act, and quarterly thereafter. SEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS ELECTRONICALLY. (a) In General.--Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Special rule for tax return preparers.-- ``(A) In general.--The Secretary shall require than any individual income tax return prepared by a tax return preparer be filed on magnetic media if-- ``(i) such return is filed by such tax return preparer, and ``(ii) such tax return preparer is a specified tax return preparer for the calendar year during which such return is filed. ``(B) Specified tax return preparer.--For purposes of this paragraph, the term `specified tax return preparer' means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 100 or fewer individual income tax returns during such calendar year. ``(C) Individual income tax return.--For purposes of this paragraph, the term `individual income tax return' means any return of the tax imposed by subtitle A on individuals, estates, or trusts.''. (b) Conforming Amendment.--Paragraph (1) of section 6011(e) of the Internal Revenue Code of 1986 is amended by striking ``The Secretary may not'' and inserting ``Except as provided in paragraph (3), the Secretary may not''. (c) Effective Date.--The amendments made by this section shall apply to returns filed after December 31, 2010.

Homebuyer Tax Credit Oversight and Accountability Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18; (2) require taxpayers claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence and a certified statement of their eligibility for such credit from the real estate broker, settlement agent, or mortgage lender; and (3) prohibit a credit for residences acquired from a spouse. Requires the Commissioner of Internal Revenue to investigate, prosecute, and provide quarterly reports on instances of fraud related to the first-time homebuyer tax credit. Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year.

A bill to amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Act of 2003''. TITLE I--REFORMED BUREAU OF RECLAMATION WATER PRICING SECTION 101. SHORT TITLE. This Act may be cited as the ``Irrigation Subsidy Reduction Act of 2001''. SEC. 102. FINDINGS. Congress finds that-- (1) the Federal reclamation program has been in existence for over 90 years, with an estimated taxpayer investment of over $70,000,000,000; (2) the program has had and continues to have an enormous effect on the water resources and aquatic environments of the western States; (3) irrigation water made available from Federal water projects in the West is a very valuable resource for which there are increasing and competing demands; (4) the justification for providing water at less than full cost was to benefit and promote the development of small family farms and exclude large corporate farms, but this purpose has been frustrated over the years due to inadequate implementation of subsidy and acreage limits; (5) below-cost water prices tend to encourage excessive use of scarce water supplies in the arid regions of the West, and reasonable price increases to the wealthiest western farmers would provide an economic incentive for greater water conservation; (6) the Federal Government has increasingly applied eligibility tests based on income for Federal entitlement and subsidy programs, measures that are consistent with the historic approach of the reclamation program's acreage limitations that seek to limit water subsidies to smaller farms; and (7) including a means test based on gross income in the reclamation program will increase the effectiveness of carrying out the family farm goals of the Federal reclamation laws. SEC. 103. AMENDMENTS. (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb) is amended-- (1) by redesignating paragraphs (7), (8), (9), (10), and (11) as paragraphs (9), (10), (11), (12), and (13), respectively; (2) in paragraph (6), by striking ``owned or operated under a lease which'' and inserting ``that is owned, leased, or operated by an individual or legal entity and that''; (3) by inserting after paragraph (6) the following: ``(7) Legal entity.--The term `legal entity' includes a corporation, association, partnership, trust, joint tenancy, or tenancy in common, or any other entity that owns, leases, or operates a farm operation for the benefit of more than 1 individual under any form of agreement or arrangement. ``(8) Operator.-- ``(A) In general.--The term `operator'-- ``(i) means an individual or legal entity that operates a single farm operation on a parcel (or parcels) of land that is owned or leased by another person (or persons) under any form of agreement or arrangement (or agreements or arrangements); and ``(ii) if the individual or legal entity-- ``(I) is an employee of an individual or legal entity, includes the individual or legal entity; or ``(II) is a legal entity that controls, is controlled by, or is under common control with another legal entity, includes each such other legal entity. ``(B) Operation of a farm operation.--For the purposes of subparagraph (A), an individual or legal entity shall be considered to operate a farm operation if the individual or legal entity is the person that performs the greatest proportion of the decisionmaking for and supervision of the agricultural enterprise on land served with irrigation water.''; and (4) by adding at the end the following: ``(14) Single farm operation.-- ``(A) In general.--The term `single farm operation' means the total acreage of land served with irrigation water for which an individual or legal entity is the operator. ``(B) Rules for determining whether separate parcels are operated as a single farm operation.-- ``(i) Equipment- and labor-sharing activities.--The conduct of equipment- and labor-sharing activities on separate parcels of land by separate individuals or legal entities shall not by itself serve as a basis for concluding that the farming operations of the individuals or legal entities constitute a single farm operation. ``(ii) Performance of certain services.-- The performance by an individual or legal entity of an agricultural chemical application, pruning, or harvesting for a farm operation on a parcel of land shall not by itself serve as a basis for concluding that the farm operation on that parcel of land is part of a single farm operation operated by the individual or entity on other parcels of land.''. (b) Identification of Owners, Lessees, and Operators and of Single Farm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) is amended by inserting after section 201 the following: ``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF SINGLE FARM OPERATIONS. ``(a) In General.--Subject to subsection (b), for each parcel of land to which irrigation water is delivered or proposed to be delivered, the Secretary shall identify a single individual or legal entity as the owner, lessee, or operator. ``(b) Shared Decisionmaking and Supervision.--If the Secretary determines that no single individual or legal entity is the owner, lessee, or other individual that performs the greatest proportion of decisionmaking for and supervision of the agricultural enterprise on a parcel of land-- ``(1) all individuals and legal entities that own, lease, or perform a proportion of decisonmaking and supervision that is equal as among themselves but greater than the proportion performed by any other individual or legal entity shall be considered jointly to be the owner, lessee, or operator; and ``(2) all parcels of land of which any such individual or legal entity is the owner, lessee, or operator shall be considered to be part of the single farm operation of the owner, lessee, or operator identified under subsection (1).''. (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ee) is amended by adding at the end the following: ``(d) Single Farm Operations Generating More Than $500,000 in Gross Farm Income.-- ``(1) In general.--Notwithstanding subsections (a), (b), and (c), in the case of-- ``(A) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; or ``(B) a limited recipient that received irrigation water on or before October 1, 1981, and that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; irrigation water may be delivered to the single farm operation of the qualified recipient or limited recipient at less than full cost to a number of acres that does not exceed the number of acres determined under paragraph (2). ``(2) Maximum number of acres to which irrigation water may be delivered at less than full cost.--The number of acres determined under this subparagraph is the number equal to the number of acres of the single farm operation multiplied by a fraction, the numerator of which is $500,000 and the denominator of which is the amount of gross farm income reported by the qualified recipient or limited recipient in the most recent taxable year. ``(3) Inflation adjustment.-- ``(A) In general.--The $500,000 amount under paragraphs (1) and (2) for any taxable year beginning in a calendar year after 2002 shall be equal to the product of-- ``(i) $500,000, multiplied by ``(ii) the inflation adjustment factor for the taxable year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for 2002. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year. ``(C) GDP implicit price deflator.--For purposes of subparagraph (B), the term `GDP implicit price deflator' means the first revision of the implicit price deflator for the gross domestic product as computed and published by the Secretary of Commerce. ``(D) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $100, the increase shall be rounded to the next lowest multiple of $100.''. (d) Certification of Compliance.--Section 206 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows: ``SEC. 206. CERTIFICATION OF COMPLIANCE. ``(a) In General.--As a condition to the receipt of irrigation water for land in a district that has a contract described in section 203, each owner, lessee, or operator in the district shall furnish the district, in a form prescribed by the Secretary, a certificate that the owner, lessee, or operator is in compliance with this title, including a statement of the number of acres owned, leased, or operated, the terms of any lease or agreement pertaining to the operation of a farm operation, and, in the case of a lessee or operator, a certification that the rent or other fees paid reflect the reasonable value of the irrigation water to the productivity of the land. ``(b) Documentation.-- The Secretary may require a lessee or operator to submit for the Secretary's examination-- ``(1) a complete copy of any lease or other agreement executed by each of the parties to the lease or other agreement; and ``(2) a copy of the return of income tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost.''. (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43 U.S.C. 390nn) is repealed. (f) Administrative Provisions.-- (1) Penalties.--Section 224(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(c)) is amended-- (A) by striking ``(c) The Secretary'' and inserting the following: ``(c) Regulations; Data Collection; Penalties.-- ``(1) Regulations; data collection.--The Secretary''; and (B) by adding at the end the following: ``(2) Penalties.--Notwithstanding any other provision of law, the Secretary shall establish appropriate and effective penalties for failure to comply with any provision of this Act or any regulation issued under this Act.''. (2) Interest.--Section 224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last sentence and inserting the following: ``The interest rate applicable to underpayments shall be equal to the rate applicable to expenditures under section 202(3)(C).''. (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982 (43 U.S.C. 390zz) is amended by inserting ``operator or'' before ``contracting entity'' each place it appears. (h) Memorandum of Understanding.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) is amended-- (1) by redesignating sections 229 and 230 as sections 230 and 231; and (2) by inserting after section 228 the following: ``SEC. 229. MEMORANDUM OF UNDERSTANDING. ``The Secretary, the Secretary of the Treasury, and the Secretary of Agriculture shall enter into a memorandum of understanding or other appropriate instrument to permit the Secretary, notwithstanding section 6103 of the Internal Revenue Code of 1986, to have access to and use of available information collected or maintained by the Department of the Treasury and the Department of Agriculture that would aid enforcement of the ownership and pricing limitations of Federal reclamation law.''. TITLE II--TERMINATION OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES SECTION 201. TERMINATION. (a) In General.--The Uniformed Services University of the Health Sciences is terminated. (b) Conforming Amendments.-- (1) Chapter 104 of title 10, United States Code, is repealed. (2) The table of chapters at the beginning of subtitle A of such title, and at the beginning of part III of such subtitle, are each amended by striking out the item relating to chapter 104. (c) Effective Dates.-- (1) Termination.--The termination of the Uniformed Services University of the Health Sciences under subsection (a)(1) shall take effect on the day after the date of the graduation from the university of the last class of students that enrolled in such university on or before the date of the enactment of this Act. (2) Amendments.--The amendments made by subsection (a)(2) shall take effect on the date of the enactment of this Act, except that the provisions of chapter 104 of title 10, United States Code, as in effect on the day before such date, shall continue to apply with respect to the Uniformed Services University of the Health Sciences until the termination of the university under this section. TITLE III--TERMINATION OF PRODUCTION UNDER THE D5 SUBMARINE-LAUNCHED MISSILE PROGRAM SECTION 301. PRODUCTION TERMINATION. (a) Termination of Program.--The Secretary of Defense shall terminate production of D5 submarine-launched ballistic missiles under the D5 submarine-launched ballistic missile program. (b) Payment of Termination Costs.--Funds available on or after the date of the enactment of this Act for obligation for the D5 submarine- launched ballistic missile program may be obligated for production under that program only for payment of the costs associated with the termination of production under this Act. SEC. 302. CURRENT PROGRAM ACTIVITIES. Nothing in this legislation shall be construed to prohibit or otherwise affect the availability of funds for the following: (1) Production of D5 submarine-launched ballistic missiles in production on the date of the enactment of this Act. (2) Maintenance after the date of the enactment of this Act of the arsenal of D5 submarine-launched ballistic missiles in existence on such date, including the missiles described in paragraph (1).

Deficit Reduction Act of 2003 - Irrigation Subsidy Reduction Act of 2001 (sic) - Amends the Reclamation Reform Act of 1982 to direct the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator.Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year; or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount.Requires lessees (currently, only owners and operators) of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost.Repeals a provision exempting from Federal reclamation ownership and cost pricing limitations district lands held in trust for a beneficiary or beneficiaries whose interests in the lands served do not exceed such limitations.Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law.Terminates the Uniformed Services University of Health Science.Requires the Secretary of Defense to terminate production of D5 submarine-launched ballistic missiles under the D5 submarine-launched ballistic missile program.

A bill to reduce the deficit of the United States.

SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Plan.--Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Secretary of Defense and the Joint Chiefs of Staff, shall transmit to Congress a plan, containing dates certain, except as provided in subsection (c), for the commencement and completion by the Secretary of a phased redeployment of United States Armed Forces from Iraq, as well as an outline of how the redeployment process will take place, in accordance with the factors specified in subsection (b). (b) Factors.--In determining the dates certain required under subsection (a), and in planning the phased redeployment of United States Armed Forces from Iraq, the President, in consultation with the Secretary of Defense and the Joint Chiefs of Staff, shall take into consideration the following: (1) The decision of the Government of the United States to dismantle all Iraqi Security Forces, including the Army, police, and border patrol. (2) The redeployment of United States Armed Forces should take place as equivalent Iraqi Security Forces become capable. (3) Priority in the redeployment process should be given to combat soldiers, to be followed, in an order considered appropriate by the President, in consultation with the Secretary and the Joint Chiefs, by those members of the United States Armed Forces who provide logistics, transportation, medical, or other forms of support. (c) Expedited Redeployment Required.--If the President, in consultation with the Secretary of Defense and the Joint Chiefs of Staff, determines that conditions on the ground in Iraq improve more quickly than initially anticipated in the plan required under subsection (a), the Secretary shall commence, prior to the dates certain contained in such plan, the phased redeployment of United States Armed Forces from Iraq. (d) Iraqi Vote on United States Plan.--Congress encourages the Government of Iraq to hold a vote in the Iraqi Council of Representatives or among the Iraqi general voting public not later than 180 days after the date on which the President transmits the plan required under subsection (a), approving or disapproving the plan and timeline to redeploy United States Armed Forces from Iraq. Unless 60 percent of the members of the Council of Representatives or the Iraqi general voting public vote to approve the plan and timeline to redeploy United States Armed Forces from Iraq, the President should commence the phased redeployment of United States Armed Forces from Iraq within 60 days of the Iraqi vote. (e) Further Deployment Restricted.--After completion of the phased redeployment of United States Armed Forces from Iraq, the Secretary of Defense may not deploy or maintain members of the United States Armed Forces in Iraq for any purpose other than the following: (1) Protecting United States diplomatic facilities and United States citizens, including members of the United States Armed Forces. (2) Serving in roles consistent with customary diplomatic positions. (3) Engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach. (4) Training members of the Iraqi Security Forces. (f) Determinations.--Not later than 90 days after the date of the enactment of this Act, the President shall make and transmit to Congress the following determinations, along with reports in classified and unclassified form detailing the basis for each determination: (1) Whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even- handed security for all Iraqis; ensuring that Iraq's political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan; and eradicating safe havens. (2) Whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de- Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects. (3) Whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.

Directs the President to transmit to Congress a plan for the commencement and completion by the Secretary of Defense of a phased redeployment of U.S. Armed Forces from Iraq, as well as an outline of how the redeployment process will take place, in accordance with specified factors. Encourages the government of Iraq to vote on the approval or disapproval of the plan. Prohibits the Secretary, after such redeployment, from deploying or maintaining U.S. Armed Forces in Iraq for any purpose other than: (1) protecting U.S. diplomatic facilities and U.S. citizens; (2) serving in roles consistent with customary diplomatic positions; (3) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and (4) training members of the Iraqi Security Forces. Requires the President to make and transmit to Congress certain determinations in connection with the phased redeployment.

To require the President to develop a plan containing dates certain for the commencement and completion of a phased redeployment of United States Armed Forces from Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Assistance Act of 2007''. SEC. 2. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR MORTGAGE RELIEF. (a) In General.--Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified mortgage relief distribution. (b) Aggregate Dollar Limitation.-- (1) In general.--For purposes of this section, the aggregate amount of distributions received by an individual which may be treated as qualified mortgage relief distributions for any taxable year shall not exceed the excess (if any) of-- (A) $25,000, over (B) the aggregate amounts treated as qualified mortgage relief distributions received by such individual for all prior taxable years. (2) Treatment of plan distributions.--If a distribution to an individual would (without regard to paragraph (1)) be a qualified mortgage relief distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified mortgage relief distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $25,000. (3) Controlled group.--For purposes of paragraph (2), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of such Code. (c) Amount Distributed May Be Repaid.-- (1) In general.--Any individual who receives a qualified mortgage relief distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. (2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage relief distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified mortgage relief distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (3) Treatment of repayments for distributions from iras.-- For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage relief distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified mortgage relief distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (d) Definitions.--For purposes of this section-- (1) Qualified mortgage relief distribution.--Except as provided in subsection (b), the term ``qualified mortgage relief distribution'' means any distribution from an eligible retirement plan made on or after the date of the enactment of this Act and before January 1, 2010, if-- (A) such distribution is made during any 90-day period beginning on the date of any increase which occurs under the terms of the loan in the interest rate applicable to acquisition indebtedness (as defined in section 163(h)(3)(B) of the Internal Revenue Code of 1986, without regard to clause (ii) thereof) with respect to the principal residence of the taxpayer, and (B) the adjusted gross income (as defined in section 62 of the such Code) of the taxpayer for the taxable year of such distribution does not exceed $114,000 ($166,000 in the case of a joint return under section 6013 of such Code). For purposes of subparagraph (A), any increase in interest rate which occurs after May 31, 2005, and before the date of the enactment of this Act shall be treated as occurring on such date of enactment. (2) Eligible retirement plan.--The term ``eligible retirement plan'' shall have the meaning given such term by section 402(c)(8)(B) of such Code. (3) Principal residence.--The term ``principal residence'' has the same meaning as when used in section 121 of such Code. (e) Income Inclusion Spread Over 5 Year Period for Qualified Mortgage Relief Distributions.-- (1) In general.--In the case of any qualified mortgage relief distribution, unless the taxpayer elects not to have this subsection apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 5-taxable year period beginning with such taxable year. (2) Special rule.--For purposes of paragraph (1), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply. (f) Special Rules.-- (1) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified mortgage relief distributions shall not be treated as eligible rollover distributions. (2) Qualified mortgage relief distributions treated as meeting plan distribution requirements.--For purposes of such Code, a qualified mortgage relief distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. (g) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any amendment made by this section, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2010, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the date the legislative or regulatory amendment described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.

Homeowners' Assistance Act of 2007 - Exempts any qualified mortgage relief distribution from the 10% additional tax imposed by the Internal Revenue Code on early distributions from qualified retirement plans. Provides that the aggregate amount of distributions received by an individual which may be treated as qualified mortgage relief distributions for any taxable year shall not exceed the excess (if any) of $25,000, over the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years. Defines such distributions as those made from an eligible retirement plan between the enactment of this Act and January 1, 2010, if: (1) the distribution is made during any 90-day period beginning on the date of any increase in the interest rate applicable to the acquisition indebtedness of the taxpayer's principal residence; and (2) taxpayer's adjusted gross income for the taxable year of such distribution does not exceed $114,000 ($166,000 in the case of a joint return).

To provide for the penalty-free use of retirement funds for mortgage relief.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Open and Accountable Campaign Financing Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DISCLOSURE Sec. 101. Additional monthly and quarterly disclosure reports. Sec. 102. Reporting by national political party committees. Sec. 103. Increased electronic disclosure. Sec. 104. Public access to broadcasting records. Sec. 105. Software for filing of reports. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS Sec. 201. Limit on soft money of national political party committees. Sec. 202. Judicial review. Sec. 203. Increase in contribution limits. TITLE III--MISCELLANEOUS PROVISIONS Sec. 301. Prohibition of solicitation of political party soft money in Federal buildings. Sec. 302. Update of penalty amounts. Sec. 303. Filing of Senate reports with the Federal Election Commission. TITLE I--DISCLOSURE SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS. (a) Principal Campaign Committees.-- (1) Monthly reports.--Section 304(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is amended by striking clause (iii) and inserting the following: ``(iii) additional monthly reports, which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that monthly reports shall not be required under this clause in November and December and a year end report shall be filed not later than January 31 of the following calendar year.''. (2) Quarterly reports.--Section 304(a)(2)(B) of such Act is amended by striking ``the following reports'' and all that follows through the period and inserting ``the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.''. (b) National Committee of a Political Party.--Section 304(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is amended by adding at the end the following flush sentence: ``Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).''. (c) Conforming Amendments.-- (1) Section 304.--Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended-- (A) in paragraph (3)(A)(ii), by striking ``quarterly reports'' and inserting ``monthly reports''; and (B) in paragraph (8), by striking ``quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i)'' and inserting ``monthly report under paragraph (2)(A)(iii) or paragraph (4)(A)''. (2) Section 309.--Section 309(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking ``calendar quarter'' and inserting ``month''. SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(e) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(3) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. SEC. 103. INCREASED ELECTRONIC DISCLOSURE. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 102, is amended by adding at the end the following: ``(f) Internet Availability.--The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission.''. SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following: ``(c) Political Record.-- ``(1) In general.--A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that-- ``(A) is made by or on behalf of a legally qualified candidate for public office; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a legally qualified candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request to purchase broadcast time is accepted or rejected by the licensee; ``(B) the rate charged for the broadcast time; ``(C) the date and time on which the communication is aired; ``(D) the class of time that is purchased; ``(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ``(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Time to maintain file.--The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.''. SEC. 105. SOFTWARE FOR FILING OF REPORTS. Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by adding at the end the following: ``(12) Software for filing of reports.-- ``(A) In general.--The Commission shall-- ``(i) develop software for use to file a designation, statement, or report under this Act; and ``(ii) provide a copy of the software at no cost to a person required to file a designation, statement, or report under this Act. ``(B) Required use.--Any person which maintains or files a designation, statement, or report under paragraph (11) shall use software developed under subparagraph (A) for such maintenance or filing.''. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. ``(a) Limitation.--A national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee shall not accept a donation, gift, or transfer of funds of any kind (not including transfers from other committees of the political party or contributions), during a calendar year, from a person (including a person directly or indirectly established, financed, maintained, or controlled by such person) in an aggregate amount in excess of $60,000. ``(b) Aggregate Limit on Donor.--A person shall not make an aggregate amount of disbursements described in subsection (a) in excess of $60,000 in any calendar year. ``(c) Index of Amount.--In the case of any calendar year after 2001-- ``(1) each $60,000 amount under subsections (a) and (b) shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2001; and ``(2) each amount so increased shall be the amount in effect for the calendar year.''. SEC. 202. JUDICIAL REVIEW. (a) Expedited Review.--Any Member of Congress, candidate, national committee of a political party, or any person adversely affected by section 324 of the Federal Election Campaign Act of 1971, as added by section 201, may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that such section 324 violates the Constitution. (b) Appeal to Supreme Court.--Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia granting or denying an injunction regarding, or finally disposing of, an action brought under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 calendar days after such order is entered; and the jurisdictional statement shall be filed within 30 calendar days after such order is entered. (c) Expedited Consideration.--It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (d) Enforceability.--The enforcement of any provision of section 324 of the Federal Election Campaign Act of 1971, as added by section 201, shall be stayed, and such section 324 shall not be effective, for the period-- (1) beginning on the date of the filing of an action under subsection (a), and (2) ending on the date of the final disposition of such action on its merits by the Supreme Court of the United States. (e) Applicability.--This section shall apply only with respect to any action filed under subsection (a) not later than 30 days after the effective date of this Act. SEC. 203. INCREASE IN CONTRIBUTION LIMITS. (a) Increase in Individual and Political Committee Contribution Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$3,000''; (B) in subparagraph (B), by striking ``$20,000'' and inserting ``$60,000''; and (C) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; and (2) in paragraph (3)-- (A) by striking ``$25,000'' and inserting ``$75,000''; and (B) by striking the second sentence. (b) Increase in Multicandidate Limits.--Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$5,000'' and inserting ``$7,500''; and (B) by inserting ``except as provided in subparagraph (D),'' before ``to any candidate''; (2) in subparagraph (B)-- (A) by striking ``$15,000'' and inserting ``$30,000''; and (B) by striking ``or'' at the end; (3) in subparagraph (C), by striking ``$5,000.'' and inserting ``$7,500; or''; and (4) by adding at the end the following: ``(D) in the case of a national committee of a political party, to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $15,000.''. (c) Indexing.--Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended-- (1) in paragraph (1)-- (A) by striking the second and third sentences; (B) by inserting ``(A)'' before ``At the beginning''; and (C) by adding at the end the following: ``(B) Except as provided in subparagraph (C), in any calendar year after 2002-- ``(i) a limitation established by subsection (a), (b), (d), or (h) shall be increased by the percent difference determined under subparagraph (A); and ``(ii) each amount so increased shall remain in effect for the calendar year. ``(C) In the case of limitations under subsections (a) and (h), each amount increased under subparagraph (B) shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election.''; and (2) in paragraph (2)(B), by striking ``means the calendar year 1974'' and inserting ``means-- ``(i) for purposes of subsections (b) and (d), calendar year 1974; and ``(ii) for purposes of subsections (a) and (h), calendar year 2001''. (d) Increase in Senate Candidate Contribution Limits for National Party Committees and Senatorial Campaign Committees.--Section 315(h) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is amended by striking ``$17,500'' and inserting ``$60,000''. (e) Effective Dates.-- (1) Except as provided in paragraph (2), the amendments made by this section shall apply to calendar years beginning after December 31, 2001. (2) The amendments made by subsection (c) shall apply to calendar years after December 31, 2002. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN FEDERAL BUILDINGS. (a) In General.--Section 607 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971''; and (2) by adding at the end the following: ``(c) Definition of Contribution.--In this section, the term `contribution' means a gift, subscription, loan, advance, or deposit of money or anything of value made by any person in connection with-- ``(1) any election or elections for Federal office; ``(2) any political committee (as defined in section 301 of the Federal Election Campaign Act of 1971); or ``(3) any State, district, or local committee of a political party.''. (b) Amendment of Title 18 To Include Prohibition of Donations.-- Section 602(a)(4) of title 18, United States Code, is amended by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971'' and inserting ``(as defined in section 607(c))''. SEC. 302. UPDATE OF PENALTY AMOUNTS. Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) Adjustment of Dollar Amounts for Inflation.--In the case of any calendar year after 2001-- ``(1) each dollar amount under this section shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2001; and ``(2) each amount so increased shall be the amount in effect for the calendar year. The preceding sentence shall not apply to any amount under subsection (d) other than the $25,000 amount under paragraph (1)(A) of such subsection.''. SEC. 303. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION COMMISSION. (a) Section 302 Amendment.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection (g) and inserting the following: ``(g) Place of Filing.--All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.''. (b) Conforming Amendments.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended-- (1) in section 304-- (A) in subsection (a)(6)(A), by striking ``Secretary or the Commission'' through ``as appropriate'' and inserting ``Commission and Secretary of State''; and (B) in the third sentence of subsection (c)(2), by striking ``the Secretary or''; and (2) in section 311(a)(4), by striking ``Secretary or the''.

Open and Accountable Campaign Financing Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to revise reporting requirements, including: (1) changing from quarterly to monthly the additional reports required to be filed with regard to the principal campaign committee of a candidate for the House of Representatives or the Senate in any calendar year during which there is a regularly scheduled election for which such candidate is seeking nomination or election; (2) requiring a national committee of a political party to file the same monthly reports designated for all political committees other than authorized committees of a candidate; and (3) directing the Federal Election Commission (FEC) to make report information available on the Internet and at FEC offices.Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates.Amends FECA to require the FEC to develop, and provide at no cost, software for filing FEC reports.Limits to $60,000 the aggregate amount (indexed for inflation) of soft money per calendar year, per contributor that a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept.Increases individual, political committee, and multicandidate political committee contribution limits. Revises indexing provisions. Increases Senate candidate contribution limits for national party committees and senatorial campaign committees.Amends the Federal criminal code to prohibit solicitation of soft money in Federal buildings by an officer or employee of the United States.Amends FECA to provide for the indexing of certain penalty and other amounts under enforcement provisions.Outlines provisions for filing of Senate reports with the FEC.

A bill to amend the Federal Election Campaign Act of 1971 to provide meaningful campaign finance reform through requiring better reporting, decreasing the role of soft money, and increasing individual contribution limits, and for other purposes.

SECTION 1. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS COURIER FACILITIES. (a) Customs User Fees.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended as follows: (1) Subsection (a) is amended-- (A) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; (B) by inserting after paragraph (6) the following new paragraph: ``(7) For the processing of merchandise that is informally entered or released at a centralized hub facility or an express consignment carrier facility (other than shipments valued at $200 or less, which shall not be subject to any fee under this subsection), $5.50''; and (C) in the last sentence of paragraph (11), as so redesignated, by striking ``subparagraphs (A), (B), and (C),'' and inserting ``subparagraphs (A) and (B), see paragraph (7), and at facilities referred to in subparagraph (C),''. (2) Subsection (b) is amended-- (A) in paragraph (5), by striking ``(8)'' and inserting ``(9)''; (B) in paragraph (6)-- (i) by striking ``(a)(8)'' and inserting ``(a)(9)''; and (ii) by striking ``(8)'' and inserting ``(9)''; (C) in paragraph (8)-- (i) in subparagraph (A)(i), by striking ``(a)(9)'' and inserting ``(a)(10)''; and (ii) in subparagraphs (B), (C), (D), and (E), by striking ``(9) or (10)'' each place it appears and inserting ``(10) or (11)''; and (D) in paragraph (9)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``a centralized hub facility, an express consignment carrier facility, or''; (ii) by striking clause (ii) of subparagraph (A); (iii) in clause (i) of subparagraph (A)-- (I) by striking-- ``(i) In the case of a small airport or other facility--''; (II) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and aligning the text of those clauses with clauses (i) and (ii) of paragraph (8)(E); and (III) in clause (ii), as so redesignated, by striking ``(a)(10) for such fiscal year, in an amount equal to the reimbursement under subclause (I)'' and inserting ``(a)(11) for such fiscal year, in an amount equal to the reimbursement under clause (i)''; and (iv) by amending subparagraph (B) to read as follows: ``(B) For purposes of this paragraph, the term `small airport or other facility' means any airport or facility to which section 236 of the Trade and Tariff Act of 1984 applies, if more than 25,000 informal entries were cleared through such airport or facility during the preceding fiscal year.''; and (E) in paragraphs (10) and (11), by striking ``(9) or (10)'' each place it appears and inserting ``(10) or (11)''. (3) Subsection (c) is amended by adding at the end the following: ``(6) The terms `centralized hub facility' and 'express consignment carrier facility' mean a separate or shared specialized facility approved by a port director of the Customs Service for examination and release of imported merchandise carried by an express consignment carrier. Entry filing is also permitted at any such facility.''. (4) Subsection (d)(4) is amended by striking ``(a)(7)'' each place it appears and inserting ``(a)(8)''. (5) Subsection (e) is amended by adding at the end the following: ``(7) Notwithstanding section 451 of the Tariff Act of 1930 or any other provision of law, all services rendered by the United States Customs Service at a centralized hub facility or an express consignment carrier facility relating to the inspection or release of merchandise from such facility, either inbound or upon arrival from another country or outbound when departing to another country (including, but not limited to, normal and overtime services) shall be adequately provided when needed, at no cost to such facility (other than the fees imposed under subsection (a) of this section).''. (6) Subsection (f)(3)(A) is amended-- (A) in the matter preceding clause (i), by striking ``(9) or (10)'' and inserting ``(10) or (11)''; (B) in clause (i)-- (i) in subclause (IV), by striking ``and'' at the end; (ii) in subclause (V), by adding ``and'' after ``1993,''; and (iii) by inserting after subclause (V) the following: ``(VI) providing the services described in subsection (e)(7) at centralized hub facilities and express consignment carrier facilities,''; and (C) in clause (ii), by striking ``(8)'' each place it appears and inserting ``(9)''. (7) Subsection (f)(6) is amended by striking ``(9) and (10)'' and inserting ``(10) and (11)''. (b) Additional Conforming Amendment.--Section 301(b)(2)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(B)) is amended by striking ``(9) and (10)'' and inserting ``(10) and (11)''.

Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide a customs user fee of $5.50 for the processing of merchandise that is informally entered or released at a centralized hub facility or an express consignment carrier facility (other than shipments valued at $200 or less, which shall not be subject to any fee). Defines "centralized hub facility" and "express consignment carrier facility" to mean a separate or shared specialized facility approved by a port director of the Customs Service for examination and release of imported merchandise carried by an express consignment carrier. Requires the Secretary of the Treasury to reimburse from the fees collected for the services provided under this Act each appropriation for amounts paid out from it for the costs incurred by the Secretary in providing such services at centralized hub facilities and express consignment carrier facilities.

To amend section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a user fee to cover the cost of customs inspections at express courier facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home School Opportunities Make Education Sound Act of 2008''. SEC. 2. ITEMIZER DEDUCTION FOR HOME SCHOOL EDUCATION EXPENSES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended-- (1) by redesignating section 224 as section 225, and (2) by inserting after section 223 the following new section: ``SEC. 224. HOME SCHOOL EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified home school education expenses paid by the taxpayer during the taxable year on behalf of each qualifying child of the taxpayer. ``(b) Maximum Deduction.--The deduction allowed by subsection (a) for the taxable year shall not exceed the lesser of-- ``(1) $500 for any qualifying child of the taxpayer, and ``(2) $2,000 in the aggregate for all qualifying children of the taxpayer. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning given to such term in section 24(c). ``(2) Qualified home school education expenses.-- ``(A) In general.--The term `qualified home school education expenses' means expenses for-- ``(i) books, supplies, and other equipment necessary for a course of instruction in a classroom environment, ``(ii) academic tutoring, ``(iii) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), and ``(iv) any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the qualifying child and the qualifying child's family during any of the years that the qualifying child is educated in an elementary or secondary home school (not including computer equipment designed for sports, games, or hobbies unless such equipment is primarily educational in nature), in connection with a course of instruction in an elementary or secondary home school. ``(B) Elementary or secondary home school.--The term `elementary or secondary home school' includes any home school that meets the requirements of State law applicable to such home schools and that provides elementary education or secondary education (kindergarten through grade 12), whether or not such home school is deemed a private school for purposes of State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--Except as provided in paragraphs (2) and (3), no deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed to the taxpayer under any other provision of this chapter. ``(2) Adjustment for coverdell education savings account distributions and hope and lifetime learning credits.--The amount of qualified home school education expenses taken into account under subsection (a) with respect to a qualifying child for a taxable year shall be reduced by the sum of-- ``(A) the amount of any credit allowed under section 25A with respect to such child for such taxable year, and ``(B) any amounts excludable under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such child for such taxable year. ``(3) Adjustment for certain scholarships, etc.--Rules similar to the rules under section 25A(g)(2) shall apply for purposes of this section. ``(4) Identification requirement, limitation on taxable year of deduction, etc.--Rules similar to the rules under paragraphs (2), (4), and (5) of section 222(d) shall apply for purposes of this section.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and inserting the following new items: ``224. Home school education expenses. ``225. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. ADDITIONAL STANDARD DEDUCTION FOR HOME SCHOOL EDUCATION EXPENSES FOR NONITEMIZERS. (a) In General.--Section 63(c)(1) of the Internal Revenue Code of 1986 (defining standard deduction) is amended-- (1) by striking ``and'' at the end of subparagraph (A), (2) by striking the period at the end of subparagraph (B) and inserting ``, and'', and (3) by adding at the end the following new subparagraph: ``(C) the home school education expenses deduction.''. (b) Definition.--Section 63(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Home school education expenses deduction.-- ``(A) In general.--For purposes of paragraph (1), the home school education expenses deduction is so much of the amount of the qualified home school education expenses paid by the taxpayer during the taxable year on behalf of each qualifying child of the taxpayer-- ``(i) as does not exceed $500 with respect to each such qualifying child, and ``(ii) as does not exceed $2,000 in the aggregate with respect to all such qualifying children. ``(B) Qualifying child; qualified home school education expenses.--For purposes of subparagraph (A)-- ``(i) the term `qualifying child' has the meaning given to such term in section 24(c), and ``(ii) the term `qualified home school education expenses' has the meaning given to such term in section 224(c)(2). ``(C) Special rules.--Rules similar to the rules of section 224(d) shall apply for purposes of this paragraph.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Home School Opportunities Make Education Sound Act of 2008 - Amends the Internal Revenue Code to allow all taxpayers, including taxpayers who do not itemize their deductions, a tax deduction for expenses relating to the home schooling of their children at the elementary or secondary school level.

A bill to amend the Internal Revenue Code of 1986 to provide a tax deduction for itemizers and nonitemizers for expenses relating to home schooling.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Durable Medical Equipment Patient Protection Act of 1993''. SEC. 2. RESTRICTIONS ON CARRIERS. (a) Limit on Number of Regional Carriers; Prohibition Against Carrier Forum Shopping.--Section 1834(a)(12) of the Social Security Act (42 U.S.C. 1395m(a)(12)) is amended to read as follows: ``(12) Use of carriers to process claims.-- ``(A) Designation of regional carriers.--The Secretary may designate, by regulation under section 1842, one carrier for one or more entire regions (but not more than 5 for all regions) to process all claims within the region for covered items under this section. ``(B) Prohibition against carrier forum shopping.-- (i) No supplier of a covered item may present or cause to be presented a claim for payment under this part unless such claim is presented to the appropriate carrier. ``(ii) For purposes of clause (i), the term `appropriate carrier' means the carrier having jurisdiction over the geographic area of the residence of the patient to whom the item is furnished, except that-- ``(I) in the case of a patient who resides not more than 60 miles from a geographic area over which a second carrier has jurisdiction, such term may include the second carrier; ``(II) in the case of a patient who, at the time the item that is the subject of the claim is furnished, is temporarily residing in a geographic area other than the area of the patient's residence, such term may include the carrier having jurisdiction over the geographic area in which the patient temporarily resides; and ``(III) such term may include any other carrier considered by the Secretary to be the most appropriate carrier with respect to the claim (based on the need to efficiently administer the processing of the claim).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to contracts with carriers for items furnished on or after January 1, 1994. SEC. 3. TREATMENT OF CERTAIN ITEMS AS COVERED ITEMS; USING REASONABLE COST AS BASIS FOR DETERMINING PAYMENT AMOUNTS. (a) Treatment of Certain Items as Covered Items.-- (1) In general.--Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by striking ``iron lungs'' and inserting ``ostomy supplies, tracheostomy supplies, urologicals, surgical dressings and splints, casts, and other devices used for reduction of fractures and dislocations, iron lungs''. (2) Treatment as inexpensive and routinely purchased items.--Section 1834(a)(2)(A) of such Act (42 U.S.C. 1395m(a)(2)(A)) is amended (A) by striking ``or'' at the end of clause (i); (B) by striking the comma at the end of clause (ii) and inserting ``, or''; and (C) by inserting after clause (ii) the following new clause: ``(iii) which consists of an ostomy supply, tracheostomy supply, urological, or surgical dressing or splint, cast, or other device used for reduction of fractures and dislocations,''. (3) Conforming amendments.--(A) Section 1834(h)(4)(C) of such Act (42 U.S.C. 1395m(h)(4)(C)) is amended by striking ``, catheter supplies'' and all that follows through ``ostomy care'' and inserting ``and catheter supplies''. (B) Section 1861(s) of such Act (42 U.S.C. 1395x(s)) is amended-- (i) by striking paragraph (5); and (ii) in paragraph (9), by striking the semicolon at the end and inserting the following: ``, but not including ostomy supplies, tracheostomy supplies, or urologicals;''. (4) Effective date.--The amendments made by this subsection shall apply to items furnished on or after January 1, 1994. (b) Study of Feasibility of Basing Payment Amounts on Reasonable Costs.-- (1) Study.--The Secretary of Health and Human Services, in consultation with carriers under part B of the medicare program and representatives of suppliers of durable medical equipment under the program, shall conduct a study of the feasibility and desirability of basing payment amounts for covered items of durable medical equipment, prosthetic devices, and orthotics and prosthetics under such program on the reasonable costs of such items. (2) Report.--Not later than January 1, 1995, the Secretary shall submit a report on the study conducted under paragraph (1) to Congress, and shall include in the report any recommendations considered appropriate by the Secretary for changes in the manner in which payment amounts are determined under the medicare program for the items that are the subject of the study. (c) Guidelines for Determining Medical Effectiveness and Permitting Payment for Upgraded Items.--Not later than January 1, 1995, the Secretary of Health and Human Services shall establish and publish updated guidelines for carriers under part B of the medicare program that describe the conditions under which-- (1) covered items of durable medical equipment, prosthetic devices, and orthotics and prosthetics shall be considered medically effective when furnished to an elderly patient and when furnished to a disabled patient; and (2) a supplier of such items may furnish a patient with an item in excess of or more expensive than the standard version of the item for which payment may be made under the program. SEC. 4. CERTIFICATION AND DISCLOSURE REQUIREMENTS FOR SUPPLIERS OF DURABLE MEDICAL EQUIPMENT. (a) Mandatory Supplier Certification.-- (1) In general.--Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph: ``(17) Certification of suppliers.-- ``(A) In general.--Notwithstanding any other provision of this Act, no payment may be made under this part for any covered item furnished during a year (beginning with 1994) by any supplier unless the Secretary certifies (or has certified during the 4 years preceding the year) that the supplier meets the certification standards established under subparagraph (B). ``(B) Establishment of standards.--The Secretary shall establish and publish certification standards for suppliers on the basis of such criteria as the Secretary considers appropriate, and shall include in the standards a requirement that the supplier furnish the Secretary with the following information: ``(i) Whether the items furnished by the supplier are purchased, warehoused, and shipped directly by the supplier or under arrangements with other suppliers. ``(ii) The identity of subcontracting or subsidiary entities or entities with which the provider is doing business which are advertising or marketing firms directly or indirectly involved in furnishing covered items to individuals entitled to benefits under this title. ``(iii) A description of all items and services furnished by the supplier to individuals eligible for benefits under this title and to providers of services or other entities furnishing items and services for which payment may be made under this title. ``(iv) A list of all States and counties in which individuals reside to whom the supplier furnishes items or services for which payment is made under this title or under a State plan for medical assistance under title XIX. ``(v) Any additional information the Secretary considers appropriate. ``(C) Fees authorized for certification.--The Secretary of Health and Human Services may require a supplier to make a payment of an administrative fee (not to exceed $100) with respect to a certification or renewal of a certification under this paragraph. Any fees collected by the Secretary pursuant to this subparagraph shall be deposited in the Federal Supplementary Medical Insurance Trust Fund and shall be available only for the administration of this part. ``(D) Waiver of requirements for certain suppliers.--The Secretary may waive or modify any of the certification standards established under subparagraph (B) or the payment of a fee required under subparagraph (C) with respect to a supplier if the Secretary determines that the majority of the items furnished by the supplier are inexpensive or routinely purchased items under paragraph (2) or that less than 25 percent of the supplier's annual gross revenues is attributable to the furnishing of covered items under this title.''. (2) Conforming amendment.--Section 1834(h)(3) of such Act (42 U.S.C. 1395m(h)(3)) is amended by striking ``Paragraph (12)'' and inserting ``Paragraphs (12) and (17)''. (b) Prohibition Against Issuance of Multiple Provider Numbers.-- Section 1834(a)(12) of such Act (42 U.S.C. 1395m(a)(12)), as amended by section 2(a), is further amended by adding at the end the following new subparagraph: ``(C) Prohibition against issuance of multiple provider numbers.--A carrier may not issue more than one provider number to a supplier of a covered item unless the issuance of multiple provider numbers is appropriate because of significant differences among the items the supplier furnishes or the geographic regions the provider serves. Nothing in the previous sentence shall be construed to prohibit a carrier from issuing a new provider number to a supplier to replace an inactive or obsolete provider number.''. (c) Limitation on Employment Relationships Considered Bona Fide for Exemption from Anti-Kickback Requirements.--Section 1128B(b)(3)(B) of such Act (42 U.S.C. 1320a-7b(b)(3)(B)) is amended by striking the semicolon at the end and inserting the following: ``, except that any employment relationship between an employee of a nursing facility and a supplier of covered items under section 1834(a) or items described in section 1834(h) shall not be considered a bona fide employment relationship for purposes of this subparagraph;''. (d) Effective Date.--The amendments made by this section shall apply with respect to items or services furnished on or after January 1, 1994. SEC. 5. PRIOR APPROVAL AUTHORIZED FOR ITEMS FURNISHED BY SUPPLIERS ENGAGED IN FRAUD OR OTHER ABUSIVE PRACTICES. (a) In General.--Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)), as amended by section 4(a), is further amended by adding at the end the following new paragraph: ``(18) Carrier determinations of items furnished by certain suppliers in advance.-- ``(A) Development of list of suppliers by secretary.--The Secretary shall develop and periodically update a list of suppliers that the Secretary determines (on the basis of criteria developed and published by the Secretary in consultation with representatives of suppliers, which may include prior payment experience)-- ``(i) have engaged in activities which make the suppliers subject to a civil monetary penalty under section 1128A or to a criminal penalty under section 1128B; ``(ii) have furnished a substantial number of items for which payment was not made because of the application of section 1862(a)(1); or ``(iii) have engaged in a pattern of overutilization of items. ``(B) Determinations of coverage in advance.--A carrier shall determine in advance whether payment for an item furnished by a supplier included on the list developed by the Secretary under subparagraph (A) may not be made because of the application of section 1862(a)(1).''. (b) Conforming Amendment.--Section 1834(h)(3) of such Act (42 U.S.C. 1395m(h)(3)), as amended by section 4(a)(2), is amended by striking ``(12) and (17)'' and inserting ``(12), (15), (17), and (18)''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 1994. SEC. 6. STUDY OF IMPACT OF REFORMS ON ACCESS TO AND COSTS OF DURABLE MEDICAL EQUIPMENT FOR MEDICARE BENEFICIARIES. (a) Study.-- (1) In general.--The Comptroller General shall conduct a study of the impact of the amendments made by this Act on the access of individuals enrolled under part B of the medicare program to items of durable medical equipment under the program and the costs imposed on such individuals under the program for such items, and shall include in the study an analysis of the impact of the amendments on individuals enrolled under part B of the program who reside in rural areas. (2) Durable medical equipment defined.--For purposes of paragraph (1), the term ``durable medical equipment'' means covered items under section 1834(a) of the Social Security Act and items described in section 1834(h) of such Act. (b) Report.--Not later than January 1, 1995, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a), and shall include in the report any recommendations considered appropriate for legislative or regulatory changes to improve the access of medicare beneficiaries to items of durable medical equipment and to control the costs imposed on beneficiaries for such items under the medicare program, including recommendations to impose maximum allowable limits on the amounts suppliers of such items may charge beneficiaries in the same manner as the limits imposed under the program on the amounts physicians may charge beneficiaries for physicians' services. SEC. 7. STUDY OF ITEMS FURNISHED TO RESIDENTS OF NURSING FACILITIES. (a) Study.-- (1) In general.--The Comptroller General shall conduct a study of the types, volume, and utilization of items of durable medical equipment furnished under part B of the medicare program to individuals residing in skilled nursing facilities and intermediate care facilities, and shall include in the study an analysis of the need to apply additional controls on the utilization of such items by such individuals. (2) Durable medical equipment defined.--For purposes of paragraph (1), the term ``durable medical equipment'' means covered items under section 1834(a) of the Social Security Act and items described in section 1834(h) of such Act. (b) Report.--Not later than January 1, 1995, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a).

Medicare Durable Medical Equipment Patient Protection Act of 1993 - (Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to designate no more than five regional carriers nationwide to process all claims for durable medical equipment (DME). Prohibits a supplier from presenting a claim for payment unless such claim is presented to the appropriate carrier (i.e., the carrier having jurisdiction over the geographic area of the residence of the patient to whom the item is furnished, with exceptions). (Sec. 3) Includes: (1) within the definition of "DME" ostomy and tracheostomy supplies, urologicals, surgical dressings, and splints, casts, and other devices used for reduction of fractures and dislocations; and (2) such supplies in the category of inexpensive and other routinely purchased equipment for payment purposes. Directs the Secretary to: (1) report to the Congress on the feasibility and desirability of basing payment amounts for covered items of DME, prosthetic devices, and orthotics and prosthetics on the reasonable costs of such items; and (2) publish updated guidelines for carriers describing conditions under which such items shall be considered medically effective when furnished to an elderly patient or a disabled patient, and under which a supplier may furnish a patient with an item in excess of, or more expensive than, the standard version for which payment may be made under the program. (Sec. 4) Specifies that no payment may be made unless the supplier meets specified certification standards. Directs the Secretary to establish certification standards for suppliers. Authorizes the Secretary to require suppliers to pay an administrative fee and waive or modify certification standards or fee payment under certain circumstances. Prohibits a carrier from issuing more than one provider number to a supplier unless there are significant differences among the items the supplier furnishes or the geographic regions the provider serves. Provides that anti-kickback requirements shall not apply to amounts paid to employees for provision of covered items or services (as under current law), except that any employment relationship between an employee of a nursing facility and a supplier shall not be considered a bona fide employment relationship. (Sec. 5) Directs the Secretary to develop a list of suppliers determined to have: (1) engaged in activities which subject them to specified civil or criminal monetary penalties; (2) furnished a substantial number of items for which payment was not made; or (3) engaged in a pattern of overutilization of items. Requires carriers to determine in advance whether payment for an item furnished by a listed supplier may not be made because of coverage exclusions. (Secs. 6 and 7) Directs the Comptroller General to study and report to the Congress on: (1) the impact of this Act on access to, and costs of, DME for Medicare beneficiaries; and (2) the types, volume, and utilization of DME furnished to Medicare beneficiaries residing in skilled nursing and intermediate care facilities. Sets forth reporting requirements.

Medicare Durable Medical Equipment Patient Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organic Standards Protection Act''. SEC. 2. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT. The Organic Foods Production Act of 1990 is amended by inserting after section 2120 (7 U.S.C. 6519) the following: ``SEC. 2120A. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT. ``(a) Recordkeeping.-- ``(1) In general.--Except as otherwise provided in this title, all persons, including producers, handlers, and certifying agents, required to report information to the Secretary under this title shall maintain, and make available to the Secretary on the request of the Secretary, all contracts, agreements, receipts, and other records associated with the organic certification program established by the Secretary under this title. ``(2) Duration of recordkeeping requirement.--A record covered by paragraph (1) shall be maintained-- ``(A) by a person covered by this title, except for a certifying agent, for a period of 5 years beginning on the date of the creation of the record; and ``(B) by a certifying agent, for a period of 10 years beginning on the date of the creation of the record. ``(b) Confidentiality.-- ``(1) In general.--Subject to paragraph (2), and except as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or made available by any person under this title, other than in a manner that ensures that confidentiality is preserved regarding the identity of persons, including parties to a contract, and proprietary business information. ``(2) Alleged violators and nature of actions.--The Secretary may release the name of the alleged violator and the nature of the actions triggering an order or revocation under subsection (e). ``(c) Investigation.-- ``(1) In general.--The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title-- ``(A) to verify the accuracy of any information reported or made available under this title; and ``(B) to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed, or will commit, a violation of any provision of this title. ``(2) Investigative powers.--The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any books, papers, and documents that are relevant to the investigation. ``(d) Unlawful Act.--It shall be unlawful and a violation of this title for any person covered by this title-- ``(1) to fail or refuse to provide, or delay the timely provision of, accurate information required by the Secretary under this section; ``(2) to violate-- ``(A) an order of the Secretary; ``(B) a revocation of the organic certification of a producer or handler; or ``(C) a revocation of the accreditation of a certifying agent; or ``(3) to sell, or attempt to sell, a product that is represented as being organically produced in accordance with this title if in fact the product has not been produced or handled in accordance with this title. ``(e) Enforcement.-- ``(1) Order.--The Secretary may issue an order to stop the sale of an agricultural product that is labeled or otherwise represented as being organically produced-- ``(A) only upon the reasonable belief by the Secretary, supported by substantial evidence, that such agricultural product does not meet the national and State standards for organic production and handling provided in sections 2105 through 2114 and section 2118, until the product can be verified-- ``(i) as meeting the national and State standards for organic production and handling as provided in sections 2105 through 2114; ``(ii) as having been produced or handled without the use of a prohibited substance listed under section 2118; and ``(iii) as being produced and handled by a certified organic operation; and ``(B) if a person has committed an unlawful act with respect to the product under subsection (d). ``(2) Revocation of certification or accreditation.--After notice and opportunity for an administrative appeal under section 2121, if the Secretary determines a producer, a handler, or a certifying agent committed a violation of this title that is an unlawful act under subsection (d), the Secretary may revoke the organic certification of such producer or such handler, or the accreditation of such certifying agent. ``(3) Violation of order or revocation.--A person who violates an order to stop the sale of a product as an organically produced product under paragraph (1), or a revocation of certification or accreditation under paragraph (2), shall be subject to 1 or more of the penalties provided in subsections (a) and (b) of section 2120. ``(f) Appeal.-- ``(1) In general.--An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B), shall be final and conclusive unless the affected person files an appeal of the order-- ``(A) first, to the administrative appeals process established under section 2121(a); and ``(B) after a final decision of the Secretary under the process referred to in subparagraph (A), if the affected person so elects, to a United States district court as provided in section 2121(b) not later than 30 days after the date of the final decision. ``(2) Standard.--An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B), shall be set aside only if the order, or the revocation of certification or accreditation, is not supported by substantial evidence. ``(g) Noncompliance.-- ``(1) In general.--If a person covered by this title fails to obey an order, or a revocation of certification or accreditation, described in subsection (f)(2) after the order or revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order, or the revocation of certification or accreditation. ``(2) Enforcement.--If the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation, the court shall enforce the order or revocation. ``(3) Civil penalty.--If the court finds that the person violated the order or revocation, the person shall be subject to a civil penalty of not more than $10,000 for each offense.''.

Amends the Organic Foods Production Act of 1990 to require all persons, including producers, handlers, and certifying agents, required to report information to the Secretary of Agriculture (USDA) under such Act to maintain all contracts, agreements, receipts, and other records associated with the organic certification program for 5 years (10 years for a certifying agent). Authorizes investigative and enforcement actions for violations of such Act.

To amend the Organic Foods Production Act of 1990 to require recordkeeping and authorize investigations and enforcement actions for violations of such Act, and for other purposes.

SECTION 1. MEDICARE DEMONSTRATION PROGRAM ON THE USE OF THIRD-PARTY INTEREST-FREE PAYMENT ARRANGEMENTS TO REDUCE MEDICARE HOSPITAL PART A BAD DEBT CLAIMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a 3-year demonstration program (in this section referred to as the ``demonstration program'') in 5 States to determine the impact on patient engagement and satisfaction, health outcomes, and claims for Medicare hospital part A bad debt (as defined in subsection (d)(2)) of hospitals' implementing third-party interest-free payment arrangements (as defined in subsection (b)). (b) Third-Party Interest-Free Payment Arrangement Defined.--In this section, the term ``third-party interest-free payment arrangement'' means, with respect to a hospital and individuals who are receiving inpatient hospital services for which payment may be made under part A of title XVIII of the Social Security Act, an arrangement between the hospital, a third-party, and such individuals under which-- (1) the hospital offers to all such individuals the option of making payment of Medicare part A cost-sharing under such an arrangement for such services rather than through the routine billing process for such cost-sharing; (2) in the case of any such individual who agrees to such offer, the hospital assigns to the third party the rights of collection for such Medicare part A cost-sharing from such individual and efforts for such collection by the third party pursuant to this section shall be treated as reasonable collection efforts by the hospital for purposes of section 413.89(e) of title 42 of the Code of Federal Regulations (or any successor regulation); (3) in the case of any such individual who does not agree to such offer, the hospital payment of Medicare part A cost- sharing for such services shall continue to be made through the routine billing process for such cost-sharing (including with respect to claims for Medicare hospital part A bad debt); and (4) the third party-- (A) participates in a level of financial engagement and education with all such individuals who agree to such offer to ensure such individuals are able to afford such cost-sharing payments; (B) in collecting the amounts so owed, permits all such individuals who agree to such offer to make payment over time through a payment plan that does not charge interest with respect to the balance of the amount so owed; and (C) pays the hospital the amount so collected under the arrangement less a fee that does not exceed 15 percent of the amount so collected. (c) Payment Incentive.--The demonstration program shall provide that a hospital that participates in such a third-party interest free payment arrangement under the program and demonstrates improved patient engagement and satisfaction, improved health outcomes, and a reduction in the number of claims for Medicare hospital part A bad debt that are reported to the Secretary is paid an amount equal to 10 percent of the original amount owed in Medicare part A cost-sharing that is collected under the arrangement. Such amount shall be paid from funds appropriated (under subsection (f)(1) of section 1115A of the Social Security Act (42 U.S.C. 1315a)) for activities to carry out such section. (d) Report to Congress.--After the completion of the demonstration program, the Secretary shall submit a report on the demonstration program to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report shall include an analysis of whether the demonstration program reduced the number and amount of Medicare hospital part A bad debt claims and if there were improved health outcomes for Medicare beneficiaries who did not forgo medical care due to their inability to pay for Medicare part A cost-sharing. (e) Other Definitions.--In this section: (1) Medicare part a cost-sharing.--The term ``Medicare part A cost-sharing'' means, with respect to a hospital, amounts owed to the hospital that are derived from deductibles and coinsurance imposed under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (2) Medicare hospital part a bad debt.--The term ``Medicare hospital part A bad debt'' means bad debt of a hospital that is attributable to the inability of the hospital to collect Medicare part A cost-sharing, taking into account collections made under third-party interest-free payment arrangements made under the demonstration program.

This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a three-year demonstration program to determine the impact of third-party, interest-free payment arrangements on: (1) health outcomes, (2) patient engagement and satisfaction, and (3) claims for bad debt that are attributable to a hospital's inability to collect deductibles and coinsurance for Medicare hospital services. Under the program, the CMS shall provide a payment incentive to a hospital that participates in such a payment arrangement and demonstrates improvement in those three areas.

To establish a Medicare demonstration program on the use of third-party interest-free payment arrangements to reduce Medicare hospital part A bad debt claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Awareness, Education and Treatment Act of 1999''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Asthma is a chronic lung condition that affects an estimated 14,600,000 Americans, including 4,800,000 children. (2) An estimated 40,000,000 to 50,000,000 Americans suffer from allergies, including allergic asthma. (3) Asthma is the most common chronic respiratory disease of children, accounting for 25 percent of school absenteeism, and is the third leading cause of preventable hospitalizations. (4) During the period 1980 through 1994 the prevalence of pediatric asthma increased by 72 percent, and the percentage of preschool children with asthma increased by 160 percent. (5) The prevalence of asthma is greater in women than in men (5.6 percent of women as compared to 5.1 percent of men). (6) The prevalence of asthma is greater in low-income families. In families with an annual income of less than $10,000, 79.2 of 1,000 individuals who are under the age of 45 have asthma, while in families with an annual income of between $20,000 and $35,000, 53.6 of 1,000 individuals under the age of 45 have asthma. (7) In 1997, more than 5,000 Americans died from asthma attacks. During the period 1993 through 1995, the average number of deaths from asthma for African Americans was 38.5 deaths per million individuals, while the average for Caucasians was 15.1 deaths per million. (8) Asthma is estimated to cost the United States over $12,000,000,000 annually and the rise in the prevalence of asthma will lead to higher costs in the future. (9) African Americans are five times more likely than other segments of the population to seek care for asthma at an emergency room. (10) The asthma death rate is four times higher among African American children and two times higher among all African Americans. (11) Exercise improves the physical and psychological well- being of children, including improving self-esteem, and it can help children manage their asthma and form life-long habits of physical activity that can improve the quality of life and the length of life of the individual. SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED ACTIVITIES FOR LOW- INCOME COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to public and nonprofit private entities for the purpose of carrying out projects to provide for individuals in low-income communities-- (1) screenings and referrals regarding asthma, allergies, and related respiratory problems in accordance with subsection (b); (2) information and education regarding such conditions in accordance with subsection (c); and (3) workshops regarding such conditions that are provided for parents, teachers, physical education instructors, school nurses, school counselors, athletic coaches, and other individuals who serve in supervisory roles of children in such communities. (b) Screenings and Referrals.--The Secretary shall ensure that screenings and referrals regarding asthma, allergies, and related respiratory problems under subsection (a) are comprehensive, and that the settings in which the screenings and referrals are provided include-- (1) traditional medical settings such as hospitals, health clinics, and the offices of physicians; and (2) nontraditional settings for the provision of such services, such as nurseries, elementary and secondary schools, community centers, public housing units, volunteer organizations, convenience stores, local governmental offices, day care centers, sites that offer nutrition-related services for women, infants, and children, and governmental offices that provide cash assistance for low-income individuals. (c) Information and Education.--The Secretary shall ensure that information and education on asthma, allergies, and related respiratory problems under subsection (a) is provided in accordance with the following: (1) The information and education is provided in the language and cultural context that is most appropriate for the individuals for whom the information and education is intended. (2) The information and education includes information and education to increase understanding on the following: (A) The symptoms of the conditions. (B) Preventing the conditions. (C) Monitoring and managing the conditions, including-- (i) avoiding circumstances that may cause asthma attacks or other respiratory problems; and (ii) being aware of appropriate medication options, such as the need as appropriate to keep in one's possession an asthma inhaler. (D) The importance for asthmatic children of regularly engaging in physical activities. (3) The settings in which the information and education are provided include traditional settings such as the settings described in subsection (b)(1) and nontraditional settings such as the settings described in subsection (b)(2). (d) Evaluations of Projects.--The Secretary shall (directly or through contract) provide for the evaluation of projects carried under subsection (a), including-- (1) determining the number of children who have received screenings and referrals through the projects; (2) determining the extent to which the projects have had an effect on the manner in which individuals served by the projects prevent and manage asthma, allergies, and related respiratory problems; and (3) evaluating the effectiveness of materials used in providing information and education. (e) Inclusion in Project of Local Community-Based Organization.--A condition for the receipt of a grant under subsection (a) is that-- (1) the applicant for the grant be a community-based organization that provides services in the low-income community in which the project under such subsection is to be carried out; or (2) the applicant for the grant demonstrate to the Secretary that one or more representatives from such an organization will play a substantial role in carrying out the project. (f) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $8,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-RELATED INFORMATION. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make awards of contracts to provide for a national media campaign to provide to the public and health care providers information on asthma, allergies, and related respiratory problems, with priority given to the occurrence of such conditions in children. (b) Certain Requirements.--The Secretary shall ensure that the national media campaign under subsection (a) is carried out in accordance with the following: (1) The campaign provides information regarding the prevention and management of asthma, allergies, and related respiratory problems. (2) With respect to a community in which the campaign is carried out-- (A) the campaign provides information regarding the availability in the community of programs that provide screenings, referrals, and treatment regarding such conditions and training in managing the conditions; and (B) the campaign is carried out in the language and cultural context that is most appropriate for the individuals for whom the campaign is intended. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $600,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL SERVICES. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the trade or business of providing pest control or climate control services, the donation credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate cost (including wages) paid or incurred by the taxpayer during the taxable year in providing qualified pest control and climate control services. ``(b) Qualified Pest Control and Climate Control Services.--For purposes of this section-- ``(1) In general.--The term `qualified pest control and climate control services' means pest control and climate control services provided without charge in-- ``(A) any public housing (as defined in section 3(b) of the United States Housing Act of 1937), or ``(B) any multifamily residential rental property if it is reasonably expected that at least 75 percent of the occupants of the dwelling units have incomes below 200 percent of the official poverty line, but only if such services are part of a good faith effort (including follow-up treatments) to accomplish the intended result and are verified in such manner as the Secretary shall prescribe. ``(2) Pest control and climate control services.--For purposes of paragraph (1), the term `pest control and climate control services' means services-- ``(A) to eliminate cockroaches, dust mites, animal dander, and mold, or ``(B) to improve poor ventilation and lack of temperature control.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(13) in the case of a taxpayer engaged in the trade or business of providing pest control or climate control services (as defined in section 45D(b)(2)), the donation credit determined under section 45D.''. (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(9) No carryback of section 45d credit before january 1, 2000.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45D may be carried back to a taxable year beginning before January 1, 2000.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit for donations of pest control and climate control services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 6. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA- RELATED PROBLEMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with the Administrator of the Environmental Protection Agency, shall (directly or through grants and contracts) provide for the conduct of research for the purpose of determining whether and to what extent there is a causal relationship between air pollutants and the occurrence of asthma, allergies, and related respiratory problems. (b) Requirement Regarding Clinical Participants.-- (1) In general.--In providing for the conduct of clinical research under subsection (a), the Secretary shall give priority to providing to individuals described in paragraph (2) opportunities to undergo clinical evaluations for purposes of the research. (2) Relevant populations.--For purposes of paragraph (1), the individuals referred to in this paragraph are individuals who are residents of communities in which the average family income is at or below 200 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. SEC. 7. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED HEALTH CARE NEEDS. (a) In General.--The Director of the National Heart, Lung, and Blood Institute shall, through the National Asthma Education Prevention Program Coordinating Committee-- (1) identify all Federal programs that carry out asthma- related activities; (2) develop, in consultation with appropriate Federal agencies and professional and voluntary health organizations, a Federal plan for responding to asthma; and (3) not later than 12 months after the date of enactment of this Act, submit recommendations to the Congress on ways to strengthen and improve the coordination of asthma-related activities of the Federal Government. (b) Representation of the Department of Housing and Urban Development.--A representative of the Department of Housing and Urban Development shall be included on the National Asthma Education Prevention Program Coordinating Committee for the purpose of performing the tasks described in subsection (a). (c) Authorization of Appropriations.--Out of any funds otherwise appropriated for the National Institutes of Health, $5,000,000 shall be made available to the National Asthma Education Prevention Program for the period of fiscal years 2000 through 2004 for the purpose of carrying out this section. Funds made available under this subsection shall be in addition to any other funds appropriated to the National Asthma Education Prevention Program for any fiscal year during such period. SEC. 8. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL AND PREVENTION. The Director of the Centers for Disease Control and Prevention, in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State.

Asthma Awareness, Education and Treatment Act of 1999 - Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private entities for carrying out projects to provide for individuals in low-income communities: (1) screenings and referrals regarding asthma, allergies, and related respiratory problems; (2) information and education regarding such conditions; and (3) workshops regarding such conditions for specified individuals who serve in supervisory roles of children in such communities. Outlines requirements for such projects. Authorizes appropriations for FY 2000 through 2004. Authorizes the Secretary to award contracts for a national media campaign to provide to the public and health care providers information on such conditions, with priority given to the occurrence of such conditions in children. Authorizes appropriations. Amends the Internal Revenue Code to provide a tax credit, effective as of January 1, 2000, to providers of pest control or climate control services who donate such services in any public housing or low-income multifamily residential rental property. Directs the Secretary to conduct research to determine whether and to what extent there is a causal relationship between air pollutants and the occurrence of such conditions, requiring priority to be given to clinical evaluations of low-income individuals. Requires the Director of the National Heart, Blood, and Lung Institute to: (1) identify all Federal programs that carry out asthma-related activities; (2) develop a Federal plan for responding to asthma; and (3) submit recommendations to Congress on strengthening the coordination of Federal asthma-related activities. Authorizes appropriations. Requires the Director of the Centers for Disease Control and Prevention to: (1) conduct local asthma surveillance activities in order to collect asthma prevalence, severity, and management data; and (2) compile and annually publish data on the prevalence of children suffering from asthma in each State, as well as the childhood asthma mortality rate nationally and in each State.

Asthma Awareness, Education and Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enterprise Capital Formation Act of 1995''. SEC. 2. FINDINGS. The Congress hereby finds that-- (1) investments in small business venture capital stock should be encouraged because of both the special risks and the social and economic benefits associated with such investments, (2) the exclusion from income of gain on small business venture capital stock is an important incentive for individuals and corporations to invest in such stock, and (3) tax incentives for investments in capital assets in general should be supplemented with an effective tax incentive for investments in small business venture capital stock. SEC. 3. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) Increase in Exclusion.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``75 percent''. (b) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (c) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Stock of Larger Businesses Eligible for Exclusion.-- (1) Paragraph (1) of section 1202(d) of such Code is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Subsection (d) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 1996, the $100,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (e) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is amended by striking subsection (b). (f) Other Modifications.-- (1) Repeal of working capital limitation.--Paragraph (6) of section 1202(e) of such Code is amended-- (A) by striking ``within 2 years'' in subparagraph (B), and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Paragraph (3) of section 1202(c) of such Code is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraphs (A) and (B) if the issuing corporation establishes that there was a business purpose for such purchase and such purchase is not inconsistent with the purposes of this section.'' (g) Effective Date.--The amendments made by this section shall apply to stock issued after December 31, 1994. (h) Election To Apply Amendments to Stock Issued After August 10, 1993.-- (1) In general.--The amendments made by this section shall apply to any qualified stock issued after August 10, 1993, if the taxpayer elects to apply such amendments with respect to such stock. (2) Qualified stock.--For purposes of paragraph (1), the term ``qualified stock'' means stock-- (A) which is held by the taxpayer on December 31, 1994, and (B) which was not qualified small business stock (as defined section 1202(c) of the Internal Revenue Code of 1986) when issued but which would be qualified small business stock (as so defined) if the amendments made by this section applied to stock issued after August 10, 1993. (3) Recognition of gain.--For purposes of the Internal Revenue Code of 1986-- (A) In general.--Any qualified stock to which the election under paragraph (1) applies shall be treated-- (i) as having been sold on January 1, 1995, for an amount equal to its fair market value on such date, and (ii) as having been reacquired on such date for an amount equal to such fair market value. The preceding sentence shall not apply for purposes of determining whether the stock is qualified small business stock (as so defined). (B) Treatment of gain or loss.-- (i) Any gain resulting from subparagraph (A) shall be treated as received or accrued on January 1, 1995, and shall be recognized notwithstanding any provision of the Internal Revenue Code of 1986. (ii) Any loss resulting from subparagraph (A) shall not be allowed for any taxable year. (4) Election.--An election under paragraph (1) shall be made in such manner as the Secretary may prescribe and shall specify the stock for which such election is made. Such an election, once made with respect to any stock, shall be irrevocable.

Enterprise Capital Formation Act of 1995 - Amends the Internal Revenue Code to allow an exclusion of 75 percent (currently, 50 percent) of the gain from the sale or exchange of qualified small business stock held more than five years. Removes provisions restricting that exclusion to noncorporate taxpayers. Prohibits treating stock of a member of a parent-subsidiary controlled group as qualified while held by another member of such group. Removes provisions listing the excluded amounts as items of tax preference for purposes of alternative minimum tax. Changes the requirements for a business to qualify as a small business for these purposes. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies the working capital requirements of the active business requirement. Applies the amendments made by this Act to any qualified stock issued after August 10, 1993, if the taxpayer so elects.

Enterprise Capital Formation Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pipeline Safety and Community Empowerment Act of 2010''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. References to title 49, United States Code. Sec. 3. Notice to property owners and residents. Sec. 4. Facility operation information standards. Sec. 5. Required periodic inspection of pipelines by instrumented internal inspection devices. Sec. 6. Automatic or remote shut off valves. Sec. 7. Availability of industry standards and procedures adopted in regulations by reference. Sec. 8. Leak detection. Sec. 9. Considerations for identification of high consequence areas. Sec. 10. Public education programs. SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. NOTICE TO PROPERTY OWNERS AND RESIDENTS. Section 60102(c)(4) is amended by adding at the end the following: ``(C) Notice to property owners and residents.-- ``(i) In general.--Not later than one year after the date of enactment of this subparagraph, the Secretary shall prescribe minimum standards to require the owner or operator of a pipeline facility to notify all owners and residents of property located within 2,000 feet of a transmission line of the facility of-- ``(I) the proximity of the property to the transmission line; and ``(II) in the case of a transmission line located on private residential property, the specific location of the line on the property. ``(ii) Required information.--The notice under clause (i) shall include, at a minimum-- ``(I) a method for electronic access to the information described in clause (i) through an Internet Web site and toll free telephone number; ``(II) information on how to obtain a map of the pipeline system through the National Pipeline Mapping System; and ``(III) such other information as the Secretary considers appropriate. ``(iii) Deadlines.--The notice under clause (i) shall be provided not later than 2 years after the date of enactment of this subparagraph and at least once every 3 years thereafter.''. SEC. 4. FACILITY OPERATION INFORMATION STANDARDS. Section 60102(d) is amended by striking the first sentence and inserting the following: ``Not later than one year after the date of enactment of the Pipeline Safety and Community Empowerment Act of 2010, the Secretary shall prescribe minimum standards under this section requiring an operator of a pipeline facility subject to this chapter to maintain information related to operating the facility as required by the standards prescribed under this chapter and to provide that information, including any updates and changes, to the Secretary, State regulatory officials, State and local emergency responders, and such other entities as the Secretary considers appropriate (except that in the case of a local emergency responder the Secretary shall provide the information described in paragraphs (1), (2), (5), and (6) only to the extent applicable to the local district). The Secretary shall keep on file the information submitted to the Secretary under the preceding sentence.''. SEC. 5. REQUIRED PERIODIC INSPECTION OF PIPELINES BY INSTRUMENTED INTERNAL INSPECTION DEVICES. Section 60102(f)(2) is amended to read as follows: ``(2) Periodic inspections.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Pipeline Safety and Community Empowerment Act of 2010, the Secretary shall prescribe additional standards requiring the periodic inspection of each pipeline the operator of the pipeline identifies under section 60109. ``(B) Inspection with internal inspection device.-- ``(i) In general.--Except as provided in clause (ii), the standards prescribed under subparagraph (A) shall require that an inspection be conducted at least once every 5 years with an instrumented internal inspection device. ``(ii) Exception for segments where devices cannot be used.--If a device described in clause (i) cannot be used in a segment of a pipeline, the standards prescribed in subparagraph (A) shall require use of an inspection method that the Secretary certifies to be at least as effective as using the device in-- ``(I) detecting corrosion; ``(II) detecting pipe stress; and ``(III) otherwise providing for the safety of the pipeline. ``(C) Operation under high pressure.--The Secretary shall prohibit a pipeline segment from operating under high pressure if the pipeline segment cannot be inspected-- ``(i) with a device described in subparagraph (B)(i) in accordance with the standards prescribed pursuant to such subparagraph; or ``(ii) using an inspection method described in subparagraph (B)(ii) in accordance with the standards prescribed pursuant to such subparagraph.''. SEC. 6. AUTOMATIC OR REMOTE SHUT OFF VALVES. Section 60102(j) is amended by adding at the end the following: ``(4) Automatic or Remote Shut Off Valves.-- ``(A) Minimum standards.--Not later than one year after the date of enactment of this paragraph, the Secretary shall prescribe minimum standards to require an owner or operator of a covered pipeline facility to install and use automatic or remote shut off valves to reduce risks in the event of a rupture. ``(B) Applicability of minimum standards.-- ``(i) New facilities.--The minimum standards shall apply to a covered pipeline facility that is newly constructed or entirely replaced after the date of issuance of the standards. ``(ii) Existing facilities.-- ``(I) Facilities located near earthquake faults.--The minimum standards shall apply to a covered pipeline facility that exists as of the date of issuance of the standards and is located within 10 miles of a significant earthquake fault beginning on the earliest date that the Secretary determines is technically feasible and not later than 2 years after the date of issuance of the standards. ``(II) Other facilities.--The minimum standards shall apply to a covered pipeline facility that exists as of the date of issuance of the standards (other than a facility described in subclause (I)) not later than 5 years after the date of issuance of the standards. ``(C) Definitions.--In this paragraph, the following definitions apply: ``(i) Covered pipeline facility.--The term `covered pipeline facility' means a pipeline facility that is located in a Class 3 or 4 location, as described in section 192.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Pipeline Safety and Community Empowerment Act of 2010. ``(ii) Significant earthquake fault.--The term `significant earthquake fault' means an earthquake fault for which there is a 1 in 10 chance or greater of a magnitude 6.7 or greater earthquake in the next 50 years, as determined by the Secretary based on information compiled by the United States Geological Survey.''. SEC. 7. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN REGULATIONS BY REFERENCE. Section 60102 is amended by adding at the end the following: ``(n) Availability of Industry Standards and Procedures Adopted in Regulations by Reference.--The Secretary shall ensure that industry standards and procedures adopted by reference as part of the Federal pipeline safety regulatory program under this chapter are easily available to the public free of charge. This subsection shall apply to regulations issued before, on, or after the date of enactment of this subsection.''. SEC. 8. LEAK DETECTION. Section 60102 (as amended by section 7 of this Act) is further amended by adding at the end the following: ``(o) Leak Detection.-- ``(1) In general.--An owner or operator of a pipeline facility shall ensure that the facility is equipped with a leak detection system capable of promptly detecting a leak. ``(2) Performance standards.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue a final rule establishing performance standards for such leak detection systems. In establishing the performance standards, the Secretary shall consider, at a minimum, requiring-- ``(A) hazardous liquid pipeline facilities to have the continuous capability to detect a daily discharge equal to not more than one percent of daily throughput; ``(B) natural gas transmission pipeline facilities to provide for flow verification through an accounting method such as volume balance and rate of pressure at least once every 24 hours; ``(C) in the case of a remote pipeline, increased aerial surveillance of the pipeline; and ``(D) owners and operators of pipeline facilities to meet other requirements as the Secretary determines necessary and practicable to enhance the ability of such owners and operators to promptly detect a leak.''. SEC. 9. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS. Section 60109 is amended by adding at the end the following: ``(g) Considerations for Identification of High Consequence Areas.--In identifying high consequence areas under this section, the Secretary shall consider-- ``(1) the seismicity of the area; ``(2) the age of the pipe; and ``(3) whether the pipe at issue can be inspected using the most modern instrumented internal inspection devices.''. SEC. 10. PUBLIC EDUCATION PROGRAMS. Section 60116 is amended by adding at the end the following: ``(d) Approval Process.-- ``(1) In general.--The Secretary shall approve or disapprove a public education program submitted to the Secretary by the owner or operator of a pipeline facility under subsection (b). ``(2) Context of review.--The Secretary may conduct the approval process under paragraph (1) as an element of the Secretary's inspection of an owner or operator. ``(3) Inadequate programs.--If the Secretary determines that a public education program does not comply with the requirements of this section or regulations issued under this section or has not been adequately implemented, the Secretary may conduct proceedings under this chapter. ``(e) Effectiveness of Public Education Programs.-- ``(1) Assessment.--The Comptroller General shall conduct an assessment of the effectiveness of the public education programs carried out under this section. ``(2) Report to congress.--Not later than one year after the date of enactment of this subsection, the Comptroller General shall submit to Congress a report on the results of the assessment.''.

Pipeline Safety and Community Empowerment Act of 2010 - Directs the Secretary of Transportation (DOT) to prescribe minimum standards to require: (1) a pipeline facility owner or operator to notify all property owners and residents located within 2,000 feet of a pipeline transmission line of the property's proximity to the line, including its specific location if located on private residential property; and (2) the notice to include a method for electronic access to such information through the Internet and a toll free telephone number, as well as information on how to obtain a map of the pipeline system through the National Pipeline Mapping System. Revises requirements for minimum standards for information a pipeline operator must maintain about a pipeline facility. Directs the Secretary to prescribe such standards requiring an operator to provide that information (including updates and changes), not only to the Secretary (as under current law), but also to state regulatory officials, state and local emergency responders, and other appropriate entities. Revises requirements for additional standards for periodic inspection of pipeline facilities in high-density population areas and environmentally sensitive areas. Directs the Secretary to prescribe standards requiring the mandatory periodic inspection of each pipeline facility with an instrumented internal inspection device ("smart pig") occur at least once every five years. Allows the use of an inspection method, subject to certain requirements, that is not a "smart pig" for any pipeline segment incompatible with a "smart pig." Requires the Secretary to prohibit a pipeline segment from operating under high pressure if that segment cannot be inspected: (1) with a "smart pig"; or (2) using an inspection method at least as effective as one. Directs the Secretary to prescribe minimum standards to require a pipeline facility owner or operator to install automatic or remote shut off valves to reduce risks in the event of a rupture. Requires a pipeline facility owner or operator to ensure that the pipeline facility is equipped with a leak detection system capable of promptly detecting a leak. Directs the Secretary to approve or disapprove modified public education programs submitted by pipeline facility owners or operators. Requires the Comptroller General to assess and report to Congress on the effectiveness of such programs.

To amend title 49, United States Code, to enhance pipeline safety, to provide communities with access to improved information concerning the equipment and operations of pipeline facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Research on Domestic Health Disparities Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States ranks below most industrialized nations in health status measured by longevity, sickness, and mortality. (2) The United States ranks 24th among industrialized nations in infant mortality. (3) This poor rank in health status is attributed in large measure to the lower health status of America's minority populations. (4) Many minority groups suffer disproportionately from cancer. Disparities exist in both mortality and incidence rates. For men and women combined, African Americans have a cancer death rate about 35 percent higher than that for whites. Paralleling the death rate, the incidence rate for lung cancer in African American men is about 50 percent higher than white men. Native Hawaiian men also have elevated rates of lung cancer compared with white men. Alaska Native men and women suffer from higher rates of cancers of the colon and rectum than do whites. Vietnamese women in the United States have a cervical cancer incidence rate more than five times greater than white women. Hispanic women also suffer elevated rates of cervical cancer. (5) Infant death rates among African American, American Indians and Alaska Natives, and Hispanics were well above the national average. The greatest disparity exists for African Americans. The overall American Indian rate does not reflect the diversity among Indian communities, some of which have infant mortality rates approaching twice the national rate. (6) SIDS accounts for approximately 10 percent of all infant deaths in the first year of life. Minority populations are at greater risk for SIDS. In addition to the greater risks among African Americans, the rates are three to four times as high for some American Indians and Alaska Native populations. (7) Cardiovascular disease is the leading cause of death for all racial and ethnic groups. Major disparities exist among population groups, with a disproportionate burden of death and disability from cardiovascular disease in minority and low- income populations. Stroke is the only leading cause of death for which mortality is higher for Asian-American males than for white males. (8) Racial and ethnic minorities have higher rates of hypertension, tend to develop hypertension at an earlier age, and are less likely to undergo treatment to control their high blood pressure. (9) Diabetes, the seventh leading cause of death in the United States, is a serious public health problem affecting racial and ethnic communities. The prevalence of diabetes in African Americans is approximately 70 percent higher than whites and the prevalence in Hispanics is nearly double that of whites. The prevalence rate of diabetes among American Indians and Alaska Natives is more than twice that for the total population and at least one tribe, the Pimas of Arizona, have the highest known prevalence of diabetes of any population in the world. (10) The human immunodeficiency virus (``HIV''), which causes acquired immune deficiency syndrome (``AIDS''), results in disproportionate suffering in minority populations. Minority persons represent 25 percent of the total United States population, but 54 percent of all cases of AIDS. (11) More than 75 percent of AIDS cases reported among women and children occur in minority women and children. (12) Despite suffering disproportionate rates of illness, death, and disability, minorities have not been proportionately represented in many clinical research trials, except in studies of behavioral risk factors associated with negative stereotypes. (13) Culturally sensitive approaches to research are needed to encourage minority participation in research studies. (14) There is a national need for minority scientists in the field of biomedical, clinical, and health services research. (15) In 1990, only 3.3 percent of all United States medical school faculties were underrepresented minority persons. (16) Only 1 percent of full professors were underrepresented minority persons in 1990. (17) The proportion of underrepresented minorities in higher rank academic ranks, such as professors and associated professors, actually decreased from 1980 to 1990. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RESEARCH ON DOMESTIC HEALTH DISPARITIES. (a) In General.--Part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.), as amended by section 601 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 (as contained in section 101(f) of Public Law 105-277) (112 Stat. 2681-387), is amended by adding at the end the following subpart: ``Subpart 6--National Center for Research on Domestic Health Disparities ``Sec. 485E. (a) In General.--The general purpose of the National Center for Research on Domestic Health Disparities (in this subpart referred to as the `Center') is the conduct and support of basic and clinical research, training, the dissemination of health information, and other programs with respect to minority health. ``(b) Coordination of Activities.-- ``(1) In general.--The Director of the Center shall coordinate the activities of the Center with related activities of the other agencies of the National Institutes of Health, including the national research institutes. ``(2) Agencywide recommendations through comprehensive plan.--The Director of NIH, the Director of the Center, and the directors of the national research institutes shall collaborate for the purpose of developing, and periodically reviewing and as appropriate revising, a comprehensive plan that provides recommendations for the conduct and support by the National Institutes of Health of the activities described in subsection (a) with respect to minority health. ``(3) Certain activities.--For purposes of the comprehensive plan under paragraph (2), the Director of the Center shall-- ``(A) identify projects of research on minority health that should be conducted or supported by the Center and the other agencies of the National Institutes of Health, including the national research institutes; ``(B) identify multidisciplinary research relating to research on minority health that should be so conducted or supported; ``(C) promote coordination and collaboration among entities conducting research identified under subparagraph (A) or (B); ``(D) encourage the conduct of such research by entities receiving funds from the national research institutes; ``(E) recommend an agenda for conducting and supporting such research; and ``(F) promote the sufficient allocation of the resources of the national research institutes for conducting and supporting such research. ``(c) Clinical Research Equity.--The Director of the Center shall assist in the administration of section 492B with respect to the inclusion of members of minority groups as subjects in clinical research. ``(d) Research Endowments.--The Director of the Center may carry out a program to facilitate research on minority health by providing for research endowments at centers of excellence under section 736. ``(e) Advisory Council.--The Secretary shall, in accordance with section 406, establish an advisory council to advise, assist, consult with, and make recommendations to the Director of the Center on matters relating to the activities described in subsection (a), and with respect to such activities to carry out any other functions described in section 406 for advisory councils under such section. ``(f) Biennial Report.--The Director of the Center shall prepare biennial reports on the activities carried out or to be carried out by the Center, and shall submit each such report to the Director of NIH for inclusion in the biennial report under section 403. ``(g) Authorization of Appropriations.--For the purpose of carrying out this subpart, there are authorized to be appropriated $100,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004. Such authorization of appropriations is in addition to other authorizations of appropriations that are available for the conduct and support of research on minority health by the national research institutes and other agencies of the National Institutes of Health.''. (b) Conforming Amendment.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by striking section 404. SEC. 4. EFFECTIVE DATE. The amendments made by this Act take effect October 1, 1999, or upon the date of the enactment of this Act, whichever occurs later.

National Center for Research on Domestic Health Disparities Act - Amends title IV (National Research Institutes) of the Public Health Service Act (PHSA), as amended by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999, to establish, as another agency of the National Institutes of Health, a National Center for Research on Domestic Health Disparities to conduct and support basic and clinical research, training, and dissemination of health information, and other programs with respect to minority health. Directs the Director of the Center to assist in the administration of certain PHSA clinical research requirements with respect to the inclusion of minority groups as clinical research subjects. Directs the Secretary of Health and Human Services to establish an advisory council to assist the Director. Authorizes appropriations.

National Center for Research on Domestic Health Disparities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Illegal Trafficking in Firearms Act of 2016''. SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence'-- ``(A) has the meaning given that term in section 924(c)(3); and ``(B) includes a felony offense under the laws of a State that meets the criteria described in subparagraph (A) or (B) of such section 924(c)(3); ``(2) the term `drug trafficking crime'-- ``(A) has the meaning given that term in section 924(c)(2); and ``(B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g)(5); and ``(4) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) Violation.--It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J)(i) does not reside in any State; and ``(ii) is not a citizen or lawful permanent resident of the United States; ``(K) intends to sell or otherwise dispose of the firearm to a person described in any of subparagraphs (A) through (J); or ``(L) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking crime; or ``(ii) export the firearm in violation of law. ``(c) Penalty.-- ``(1) In general.--Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) Use in crimes of violence.--If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm; ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association; ``(3) to be given as a bona fide gratuity to a hunting guide; ``(4) to be given as a bona fide bonus to an employee as the result of lawful services performed in the course of an employment relationship; or ``(5) to be given as a bona fide commemorative award or honorarium, unless the purchaser knows or has reasonable cause to believe the recipient of the firearm is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) In General.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``Sec. 934. Forfeiture and fines ``(a) Forfeiture.-- ``(1) In general.--Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply. ``(2) Imposition.--The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) Fines.--A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; or ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``sections 922 and 924'' and inserting ``section 922, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 3. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends-- ``(A) to sell or otherwise dispose of the firearm or ammunition in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking offense, as such terms are defined in section 932(a); or ``(B) to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 4. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 5. AMENDMENTS TO SECTION 924(D). Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``932, or 933,'' after ``section 924,''; and (2) in paragraph (3)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) any offense under section 932 or 933.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or ``(B) constitutes a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) A person who smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a Federal crime of terrorism or a crime of violence (as such terms are defined in section 932(a)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS. The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act, or an amendment made by this Act, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms ownership, or firearms transactions or dispositions.

Stop Illegal Trafficking in Firearms Act of 2016 This bill amends the federal criminal code to prohibit and punish the straw purchasing of firearms. A straw purchase occurs when: (1) a person buys a firearm from an unlicensed seller on behalf of a person prohibited by law from possessing one, or (2) a person buys a firearm from a licensed dealer on behalf of another person. Any person that commits, attempts, or conspires to commit a straw purchasing offense is subject to a fine and/or prison term of up to 15 years (25 years if the firearm is used to commit a crime of violence). The bill expands the penalty for committing a firearms trafficking offense. Individuals who commit such an offense are subject to a fine and/or prison term of up to 15 years. Under current law, the penalty is a fine and/or prison term of up to 10 years. The U.S. Sentencing Commission shall amend the sentencing guidelines and policy statements to reflect increased penalties for persons convicted of straw purchasing firearms or firearms trafficking offenses. Under current law, it is unlawful to import firearms into the United States with the intent to engage in illegal activity. This bill extends the prohibition to the exportation of firearms. The bill makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person intends to transfer the firearm or ammunition in furtherance of a federal crime of terrorism, a crime of violence, or a drug trafficking offense. Neither the Department of Justice (DOJ) nor its law enforcement coordinate agencies shall facilitate the transfer of an operable firearm to an individual if any DOJ law enforcement officer involved knows or has reasonable cause to believe that the recipient is an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.

Stop Illegal Trafficking in Firearms Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``District of Columbia Convention Center and Sports Arena Authorization Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CONVENTION CENTER Sec. 101. Permitting Washington Convention Center Authority to expend revenues for convention center activities. TITLE II--SPORTS ARENA Sec. 201. Permitting designated authority to borrow funds for preconstruction activities relating to Gallery Place sports arena. Sec. 202. Permitting certain District revenues to be pledged as security for borrowing. Sec. 203. No appropriation necessary for arena preconstruction activities. Sec. 204. Arena preconstruction activities described. TITLE III--WAIVER OF CONGRESSIONAL REVIEW Sec. 301. Waiver of Congressional review of Arena Tax Payment and Use Amendment Act of 1995. TITLE I--CONVENTION CENTER SEC. 101. PERMITTING WASHINGTON CONVENTION CENTER AUTHORITY TO EXPEND REVENUES FOR CONVENTION CENTER ACTIVITIES. (a) Permitting Expenditure Without Appropriation.--The fourth sentence of section 446 of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-304, D.C. Code) shall not apply with respect to any revenues of the District of Columbia which are attributable to the enactment of title III of the Washington Convention Center Authority Act of 1994 (D.C. Law 10-188) and which are obligated or expended for the activities described in subsection (b). (b) Activities Described.--The activities described in this paragraph are-- (1) the operation and maintenance of the existing Washington Convention Center; and (2) preconstruction activities with respect to a new convention center in the District of Columbia, including land acquisition and the conducting of environmental impact studies, architecture and design studies, surveys, and site acquisition. TITLE II--SPORTS ARENA SEC. 201. PERMITTING DESIGNATED AUTHORITY TO BORROW FUNDS FOR PRECONSTRUCTION ACTIVITIES RELATING TO GALLERY PLACE SPORTS ARENA. (a) Permitting Borrowing.-- (1) In general.--The designated authority may borrow funds through the issuance of revenue bonds, notes, or other obligations which are secured by revenues pledged in accordance with paragraph (2) to finance, refinance, or reimburse the costs of arena preconstruction activities described in section 204 if the designated authority is granted the authority to borrow funds for such purposes by the District of Columbia government. (2) Revenue required to secure borrowing.--The designated authority may borrow funds under paragraph (1) to finance, refinance, or reimburse the costs of arena preconstruction activities described in section 204 only if such borrowing is secured (in whole or in part) by the pledge of revenues of the District of Columbia which are attributable to the sports arena tax imposed as a result of the enactment of D.C. Law 10-128 (as amended by the Arena Tax Amendment Act of 1994 (D.C. Act 10-315)) and which are transferred by the Mayor of the District of Columbia to the designated authority pursuant to section 302(a-1)(3) of the Omnibus Budget Support Act of 1994 (sec. 47-2752(a-1)(3), D.C. Code) (as amended by section 2(b) of the Arena Tax Payment and Use Amendment Act of 1995). (b) Treatment of Debt Created.--Any debt created pursuant to subsection (a) shall not-- (1) be considered general obligation debt of the District of Columbia for any purpose, including the limitation on the annual aggregate limit on debt of the District of Columbia under section 603(b) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-313(b), D.C. Code); (2) constitute the lending of the public credit for private undertakings for purposes of section 602(a)(2) of such Act (sec. 1- 233(a)(2), D.C. Code); or (3) be a pledge of or involve the full faith and credit of the District of Columbia. (c) Designated Authority Defined.--The term ``designated authority'' means the Redevelopment Land Agency or such other District of Columbia government agency or instrumentality designated by the Mayor of the District of Columbia for purposes of carrying out any arena preconstruction activities. SEC. 202. PERMITTING CERTAIN DISTRICT REVENUES TO BE PLEDGED AS SECURITY FOR BORROWING. (a) In General.--The District of Columbia (including the designated authority described in section 201(c)) may pledge as security for any borrowing undertaken pursuant to section 201(a) any revenues of the District of Columbia which are attributable to the sports arena tax imposed as a result of the enactment of D.C. Act 10-128 (as amended by the Arena Tax Amendment Act of 1994 (D.C. Law 10-315)), upon the transfer of such revenues by the Mayor of the District of Columbia to the designated authority pursuant to section 302(a-1)(3) of the Omnibus Budget Support Act of 1994 (sec. 47-2752(a-1)(3), D.C. Code) (as amended by section 2(b) of the Arena Tax Payment and Use Amendment Act of 1995). (b) Exclusion of Pledged Revenues From Calculation of Annual Aggregate Limit on Debt.--Any revenues pledged as security by the District of Columbia pursuant to subsection (a) shall be excluded from the determination of the dollar amount equivalent to 14 percent of District revenues under section 603(b)(3)(A) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47- 313(b)(3)(A), D.C. Code). SEC. 203. NO APPROPRIATION NECESSARY FOR ARENA PRECONSTRUCTION ACTIVITIES. The fourth sentence of section 446 of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47-304, D.C. Code) shall not apply with respect to any of the following obligations or expenditures: (1) Borrowing conducted pursuant to section 201(a). (2) The pledging of revenues as security for such borrowing pursuant to section 202(a). (3) The payment of principal, interest, premium, debt servicing, contributions to reserves, or other costs associated with such borrowing. (4) Other obligations or expenditures made to carry out any arena preconstruction activity described in section 204. SEC. 204. ARENA PRECONSTRUCTION ACTIVITIES DESCRIBED. The arena preconstruction activities described in this section are as follows: (1) The acquisition of real property (or rights in real property) to serve as the site of the sports arena and related facilities. (2) The clearance, preparation, grading, and development of the site of the sports arena and related facilities, including the demolition of existing buildings. (3) The provision of sewer, water, and other utility facilities and infrastructure related to the sports arena. (4) The financing of a Metrorail connection to the site and other Metrorail modifications related to the sports arena. (5) The relocation of employees and facilities of the District of Columbia government displaced by the construction of the sports arena and related facilities. (6) The use of environmental, legal, and consulting services (including services to obtain regulatory approvals) for the construction of the sports arena. (7) The financing of administrative and transaction costs incurred in borrowing funds pursuant to section 201(a), including costs incurred in connection with the issuance, sale, and delivery of bonds, notes, or other obligations. (8) The financing of other activities of the District of Columbia government associated with the development and construction of the sports arena, including the reimbursement of the District of Columbia government or others for costs incurred prior to the date of the enactment of this Act which were related to the sports arena, so long as the designated authority determines that such costs are adequately documented and that the incurring of such costs was reasonable. TITLE III--WAIVER OF CONGRESSIONAL REVIEW SEC. 301. WAIVER OF CONGRESSIONAL REVIEW OF ARENA TAX PAYMENT AND USE AMENDMENT ACT OF 1995. Notwithstanding section 602(c)(1) of the District of Columbia Self- Government and Governmental Reorganization Act, the Arena Tax Payment and Use Amendment Act of 1995 (D.C. Act 11-115) shall take effect on the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Convention Center Title II: Sports Arena Title III: Waiver of Congressional Review District of Columbia Convention Center and Sports Arena Authorization Act of 1995 - Title I: Convention Center - Allows revenues of the District of Columbia to be obligated or expended for operation and maintenance of the existing Washington Convention Center and pre-construction activities with respect to a new convention center in the District of Columbia without prior approval of the Congress. Title II: Sports Arena - Authorizes the designated authority (the Redevelopment Land Agency or such other District of Columbia government agency or instrumentality designated by the Mayor of the District) to borrow funds through obligations which are secured by revenues pledged to finance, refinance, or reimburse the costs of specified arena preconstruction activities if it is granted such authority by the District government. Provides that the borrowing of funds must be secured by such pledged revenues of the District which are attributable to the sports arena tax and which are transferred by the Mayor to the designated authority pursuant to the Omnibus Budget Support Act of 1994. Prohibits such debt from: (1) being considered a general obligation debt of the District; (2) constituting the lending of the public credit for private undertakings for purposes of the District of Columbia Self-Government and Governmental Reorganization Act; and (3) being a pledge of, or involve the full faith and credit of, the District. Permits the District and the designated authority to pledge as security for any borrowing undertaken pursuant to this Act any District revenues which are attributable to the sports arena tax, upon the transfer of such revenues by the Mayor to such authority pursuant to the Omnibus Budget Support Act of 1994. Excludes such pledged revenues from the formula used to calculate the annual aggregate limit on the District's debt. Allows the following activities to be carried out without the enactment of appropriations by the Congress: (1) borrowing conducted pursuant to this Act; (2) pledging of revenues as security for such borrowing; (3) payment of principal, interest, premium, debt servicing, contributions to reserves, or other costs associated with such borrowing; and (4) other obligations or expenditures made to carry out any arena preconstruction activity described in this Act. Title III: Waiver of Congressional Review - Makes the Arena Tax Payment and Use Amendment Act of 1995 effective on this Act's enactment (thereby, waiving congressional review of such Act).

District of Columbia Convention Center and Sports Arena Authorization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek County, Colorado, Public Lands Transfer Act of 1993''. SEC. 2. TRANSFER OF PUBLIC LANDS. The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') shall transfer in accordance with this Act the approximately 14,000 acres of public lands generally depicted on a map entitled ``Clear Creek County, Colorado, Public Lands Transfer_ Proposed'', and dated May 1993, to the Secretary of Agriculture, the State of Colorado, and certain political subdivisions of the State of Colorado, as indicated in sections 3, 4, and 5. Conveyances made pursuant to this Act shall be made without conducting new surveys. SEC. 3. LAND TRANSFER TO FOREST SERVICE. (a) Transfer._Subject to valid existing rights, administrative jurisdiction to the approximately 3,400 acres of the public lands described as ``Part I Lands'' on the map referred to in section 2 is hereby transferred to the Secretary of Agriculture. Such lands are added to and shall be administered as part of the Arapaho National Forest in accordance with the laws and regulations pertaining to the National Forest System and the Arapaho National Forest. (b) Administrative Provisions._(1) The boundaries of the Arapaho National Forest are hereby modified as shown on the map referred to in section 2. For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C. 460l-9) the boundaries of the Arapaho National Forest as modified by this section shall be treated as if they were the boundaries of such forest on January 1, 1965. (2) Nothing in this section shall affect valid existing rights, or interests in existing land use authorizations, except that any such right or authorization shall be administered by the Forest Service in accordance with this section and other applicable laws. Reissuance of any such authorization shall be in accordance with laws applicable to the National Forest System and regulations of the Secretary of Agriculture, except that the change in administrative jurisdiction shall not constitute in itself a ground to deny renewal or reissuance of any such authorization. SEC. 4. LAND TRANSFERS TO STATE OF COLORADO AND TO CLEAR CREEK COUNTY AND TOWNS OF SILVER PLUME AND GEORGETOWN, COLORADO. (a) Transfer._Subject to section 6 and valid existing rights, the Secretary shall transfer, without consideration, all right, title, and interest, both surface and subsurface, of the United States in and to the approximately 3,200 acres of public lands described as ``Part II Lands'' on the map referred to in section 2, excluding any such lands within the corporate boundaries of the towns of Georgetown or Silver Plume, Colorado, as of January 1, 1993, as follows: (1) Approximately 600 acres of such lands to the town of Silver Plume, Colorado, as so indicated on such map. (2) Approximately 800 acres of such lands to the town of Georgetown, Colorado, as so indicated on such map. (3) Approximately 600 acres of such lands to the County of Clear Creek, Colorado, as so indicated on such map. (4) Approximately 1,200 acres of such lands to the State of Colorado, as so indicated on such map. (b) Management and Reversion._ (1) The lands transferred under this section shall be managed in accordance with the cooperative management agreement among the Colorado Division of Wildlife, the Colorado State Historical Society, the town of Silver Plume, the town of Georgetown, and the County of Clear Creek, which is dated January 1989; the stipulations related to the preservation of artifacts contained in the Bureau of Land Management's cultural resource survey pertaining to such lands; and the terms of the applications filed with the Secretary for the disposal of such lands under the Act of June 14, 1926 (43 U.S.C. 869 et seq.; hereafter in this Act referred to as the ``Recreation and Public Purposes Act''), except that other uses of the lands may be made with the approval of the Secretary. (2)(A) Title to lands conveyed by the Secretary under this section may not be transferred by the grantee or its successor except, with the consent of the Secretary, to a transferee which would be a qualified grantee under section 2 (a) or (c) of the Recreation and Public Purposes Act (43 U.S.C. 869-1 (a), (c)). (B) The provisions of paragraph (3) of this subsection shall apply if at any time after such conveyance_ (i) the grantee or its successor attempts to transfer to any other party title to or control over any portion of the lands conveyed to such grantee under this section, except as provided in subparagraph (A), or (ii) such lands or any portion thereof are devoted to a use inconsistent with this subsection. (3) In case of occurrence of an event described in paragraph (2)(B) of this subsection, the grantee of the relevant lands shall be liable to pay to the Secretary of the Interior, on behalf of the United States, the fair market value of all lands conveyed to such grantee under this section, together with any improvements thereon, as of the date of such occurrence. All sums paid to the Secretary of the Interior under this paragraph shall be retained by the Secretary and subject to appropriation, used for management of the public lands pursuant to the Federal Land Policy and Management Act of 1976. SEC. 5. LAND TRANSFER TO CLEAR CREEK COUNTY, COLORADO. (a) In General._Subject to subsection (b), section 6, and valid existing rights, the Secretary shall transfer, without consideration, all right, title, and interest, both surface and subsurface, of the United States in and to the approximately 7,400 acres of public lands described as ``Parts III Lands'' on the map referred to in section 2, along with any public lands on that map within the corporate boundaries of the towns of Georgetown or Silver Plume, Colorado as of January 1, 1993 to Clear Creek County, Colorado (hereinafter in this section referred to as the ``County''). (b) Terms and Conditions._The lands referred to in subsection (a) may not be transferred to the County until_ (1) it is shown to the satisfaction of the Secretary that the county has adopted comprehensive land use plans and zoning regulations applicable to the area in which the lands are located; (2) the Secretary finds that such plans and regulations are consistent with proper management of any adjacent lands owned by the United States; and (3)(A) the Secretary and the County have reached an agreement_ (i) concerning the steps, including but not limited to the use of appraisals (and the methodology thereof) and the use of competitive bids or other sales methods, that the County will take to ensure that so far as possible any sales of the lands by the County will be for fair market value; and (ii) under which the County will provide the Secretary with an annual accounting of all receipts and expenditures with regard to such lands after their transfer to the County, and that on the date that is 10 years after the date of enactment of this Act, or at such earlier date as the County may elect, the County will pay to the United States an amount the Secretary determines to be equal to the PCounty's total net receipts from the sale of some or all of such lands; and, in addition, (B) the Secretary has also agreed that in determining the amounts to be paid by the County pursuant to this paragraph, the Secretary will allow the County to deduct from the gross receipts from the sale of the lands all ordinary and necessary costs incurred by the County, including_ (i) expenses for necessary surveying, mapping, and other site characterization, and appraisals; (ii) historical preservation and environmental protection; and (iii) reasonable overhead, including staffing and administrative costs. (c) Unsold Lands._(1) The County may transfer some or all of the lands referred to in subsection (a) to an entity that would be a qualified grantee under section 2(a) or 2(c) of the Recreation and Public Purposes Act (43 U.S.C. 869-1 (a), (c)). Any lands so transferred shall be held by the recipient thereof under the same terms and conditions as if transferred by the United States under such Act, except that such terms and conditions shall also apply to the mineral estate in such lands. (2) Any of the lands referred to in subsection (a) which remain in County ownership on the date 10 years after the date of enactment of this Act, or regarding which the County has prior to such date notified the Secretary that the County intends to retain ownership, shall be retained by the County under the same terms and conditions as if transferred to the County on such date or on the date of such notification (whichever first occurs) by the United States under the Recreation and Public Purposes Act, except that such terms and conditions shall also apply to the mineral estate in such lands. SEC. 6. MINERALS. (a) Withdrawal From Mineral Entry._Subject to valid existing rights, the public lands referred to in sections 4 and 5 are hereby withdrawn from all forms of entry under the general mining laws and mineral leasing laws of the United States and shall not be_ (1) open to the location of mining and mill site claims under the general mining laws of the United States; (2) subject to any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); or (3) available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Limitation on Patent Issuance._Subject to valid existing rights, no patent shall be issued after the date of enactment of this Act for any mining or mill site claim located under the gen- eral mining laws within the public lands referred to in sections 4 and 5. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Inspections._Notwithstanding any other provision of law, neither the Secretary nor any other officer or agent of the United States shall be required to inspect any of the public lands described in this Act or to inform Clear Creek County or any member of the public regarding the condition of such lands with regard to the presence or absence of any hazardous substances or otherwise. (b) Liability._Notwithstanding any other provision of law, the United States shall have no responsibility or liability with respect to any hazardous wastes or other substances placed on any of the lands covered by this Act after their transfer to the ownership of another party, but nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of such lands on the date of their transfer to the ownership of another party. (c) Accounting._For purposes of the distribution of receipts, any funds paid to the United States by the County pursuant to an agreement described in section 5(b)(3) shall be deemed to be receipts from the sale of public lands, but shall be specifically accounted for in documents submitted to justify proposed appropriations for the Bureau of Land Management. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Clear Creek County, Colorado, Public Lands Transfer Act of 1993 - Directs the Secretary of the Interior to transfer certain public lands in Clear Creek County, Colorado, to the Secretary of Agriculture, the State of Colorado, and certain local governments (Clear Creek County and the towns of Silver Plume and Georgetown). Modifies the boundaries of the Arapaho National Forest, Colorado, to include certain lands conveyed to the Secretary of Agriculture. Withdraws the public lands transferred to Colorado and the local governments from U.S. mining and mineral leasing laws. Requires the consent of the Secretary before the grantee or its successor can transfer the title of such conveyed lands. Makes the grantee liable to the Secretary for the fair market value of such conveyed lands if such lands are devoted to a use inconsistent with limitations under this Act or transferred to another party. Relieves: (1) the Secretary from being required to inspect any public lands described in this Act or to inform Clear Creek County or any member of the public regarding the condition of such lands with respect to the presence or absence of hazardous substances or otherwise; and (2) the United States from liability regarding hazardous wastes or substances placed on such lands after their transfer to the ownership of another party.

Clear Creek County, Colorado, Public Lands Transfer Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Eastern Shore American Heritage Area Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) Coordinating entity.--The term ``coordinating entity'' means the Lower Eastern Shore Heritage Committee, Inc., a nonprofit corporation organized under the laws of Maryland. (2) Heritage area.--The term ``Heritage Area'' means the Lower Eastern Shore American Heritage Area established under section 5. (3) Participating partner.--The term ``participating partner'' means a county that has entered into the compact under section 6. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. Congress finds that-- (1) the Lower Eastern Shore possesses important historical, cultural, and natural resources, representing themes of settlement, migration, transportation, commerce, and natural resource uses, as described in the Lower Eastern Shore Heritage Plan (1992), endorsed by local governments, and in the draft report, Investing in a Special Place: A Report by the National Park Service to Congress and the Public on Resources, Accomplishments, and Opportunities for Conservation and Sustainable Development: Lower Eastern Shore, Maryland (1995); (2) the Lower Eastern Shore played an important role in the history of the American Revolution and the Civil War; (3) the Lower Eastern Shore gave birth to the uniquely American art form of decoy-carving through the internationally recognized work of Lemuel and Steve Ward and played a central role in the recognition of the aesthetic value of waterfowl habitat and landscapes; (4) the skipjack, a popular symbol of the Chesapeake Bay designed and used in Maryland for harvesting oysters, is the last commercial sailing vessel still used in North America; (5) the Lower Eastern Shore played an important role in the evolution of the colonial and American agricultural, timbering, shipping, and seafood industries in the 17th through 20th centuries, exemplified in many structures and landscapes, including farms and plantations, railroad towns, seafood processing industries, docks, and what was once the largest cannery in the United States; (6) the Lower Eastern Shore rural townscapes and landscapes-- (A) display exceptional surviving physical resources illustrating the themes of the Lower Eastern Shore and the social, industrial, and cultural history of the 17th through the early 20th centuries; and (B) include many national historic sites and landmarks; (7) the Lower Eastern Shore is the home of traditions and research efforts associated with native American, African- American, and European-American settlements dating to periods before, during, and after European contact, and retains physical, social, and cultural evidence of the traditions; and (8) the State of Maryland has established a structure to enable Lower Eastern Shore communities to join together to preserve, conserve, and manage the Lower Eastern Shore's resources through the Maryland Greenways Commission, river conservation, trail development, and other means. SEC. 4. PURPOSES. The purposes of this Act are to-- (1) recognize the importance of the history, culture, and living resources of the Lower Eastern Shore to the United States; (2) assist the State of Maryland and the communities of the Lower Eastern Shore in protecting, restoring, and interpreting the Lower Eastern Shore's resources for the benefit of the United States; and (3) authorize Federal financial and technical assistance to serve the purposes stated in paragraph (1) and (2). SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA. (a) Establishment.--The Secretary shall establish a Lower Eastern Shore American Heritage Area. (b) Initial Geographic Scope.-- (1) In general.--Except as otherwise provided in this subsection, the Heritage Area shall consist of the Maryland counties of Somerset, Wicomico, and Worcester. (2) Local agreement to participate.--The government of each county listed under paragraph (1) and each municipality in a county listed under paragraph (1) shall become a participating partner by entering into the compact under section 6. (3) Additional partners.--The Secretary may include a county or municipality other than those listed in paragraph (1) to be part of the Heritage Area if the county becomes a participating partner by entering into the compact under section 6. (4) Coordination.--The Secretary may coordinate with or allow participation by any county, city, town, or village in the Lower Eastern Shore. SEC. 6. COMPACT. (a) In General.--To carry out the purposes of this Act, the Secretary shall enter into a compact with the State of Maryland, the coordinating entity, and any county eligible to be a participating partner under section 5. (b) Information.--The compact shall include information relating to the objectives and management of Heritage Area programs, including-- (1) a discussion of the goals and objectives of Heritage Area programs, including an explanation of a proposed approach to conservation and interpretation and a general outline of the measures committed to by the parties to the compact; (2) a description of the respective roles of the participating partners; (3) a list of the initial partners to be involved in developing and implementing a management plan for the Heritage Area and a statement of the financial commitment of the partners; and (4) a description of the role of the State of Maryland. SEC. 7. MANAGEMENT PLAN. (a) In General.--The coordinating entity and the participating partners shall develop a management plan for the Heritage Area that presents comprehensive recommendations for conservation, program funding, management, and development. (b) Plan Requirements.--The management plan shall-- (1) be consistent with State and local plans in existence prior to development of the management plan; (2) involve residents, public agencies, universities, and private organizations working in the Heritage Area; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; and (4) include-- (A) a description of actions to be undertaken by units of government and private organizations; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of the property's natural, cultural, historical, recreational, or scenic significance; (C) a recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner that is consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan, including plans for restoration and construction, and specific commitments of the participating partners for the first 5 years of operation; (E) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this Act; and (F) an interpretation plan for the Heritage Area. (c) Time Limit for Submission of a Management Plan.--If the Secretary has not approved a management plan by the date that is 2 years after the date of enactment of this Act, the Heritage Area shall be ineligible for Federal funding until a management plan is approved. SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS. (a) Duties of the Coordinating Entity and Participating Partners.-- The coordinating entity and participating partners shall-- (1) develop and submit to the Secretary for approval a management plan pursuant to section 7 not later than the date that is 2 years after the date of enactment of this Act; (2) give priority to implementing actions set forth in the compact and the management plan, including taking steps to-- (A) assist units of government, regional planning organizations, and nonprofit organizations in-- (i) preserving the Heritage Area; (ii) establishing and maintaining interpretive exhibits in the Heritage Area; (iii) developing recreational resources in the Heritage Area; (iv) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; and (v) restoring any historic building relating to the themes of the Heritage Area; (B) encourage by appropriate means economic vitality in the area consistent with the management plan for the Heritage Area; (C) encourage local governments to adopt policies consistent with the management of the Heritage Area and the goals of the plan; and (D) assist units of government, regional planning organizations, businesses, and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (4) conduct public meetings not less frequently than quarterly regarding the implementation of the management plan; (5) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for approval; (6) for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth the accomplishments and expenses and income of the coordinating entity and the participating partners and the entity to which any loans and grants were made during the year for which the report is made; and (7) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of the Federal funds and any matching funds and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of the funds. (b) Federal Funding.-- (1) Operations.--The Federal contribution to the operations of the coordinating entity and participating partners shall not exceed 50 percent of the annual operating cost of the entity and partners associated with carrying out this Act. (2) Implementation.--A grant to the coordinating entity or a participating partner for implementation of this Act may not exceed 75 percent of the cost of the entity and partners for implementing this Act. (c) Prohibition of Acquisition of Real Property.--The coordinating entity may not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Eligibility To Receive Financial Assistance.-- (1) Eligibility.--Except as provided in paragraph (2), the coordinating entity shall be eligible to receive funds to carry out this Act for a period of 10 years after the date on which the compact under section 6 is signed by the Secretary and the coordinating entity. (2) Exception.--The coordinating entity may receive funding under this Act for a period of not more than 5 additional years, if-- (A) the coordinating entity determines that the extension is necessary in order to carry out the purposes of this Act and the coordinating entity notifies the Secretary of the determination not later than 180 days prior to the termination date; (B) not later than 180 days prior to the termination date, the coordinating entity presents to the Secretary a plan of activities for the period of the extension, including a plan for becoming independent of the funds made available through this Act; and (C) the Secretary, in consultation with the Governor of Maryland, approves the extension of funding. (e) Other Federal Funds.--Nothing in this Act shall affect the use of Federal funds received by the coordinating entity or a participating partner under any other Act. SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Duties and Authorities of the Secretary.-- (1) Grants to the coordinating entity and participating partners.--The Secretary shall make grants available to the coordinating entity and the participating partners to carry out this Act. (2) Technical and financial assistance.-- (A) In general.--On request of the coordinating entity, the Secretary may provide technical and financial assistance to the coordinating entity and participating partners to develop and implement the management plan. (B) Priority.--In assisting the coordinating entity and participating partners, the Secretary shall give priority to actions that-- (i) conserve the significant natural, historic, and cultural resources of the Heritage Area; and (ii) provide educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area. (B) Expenditures for nonfederally owned property.-- The Secretary may expend Federal funds on nonfederally owned property to further the purposes of this Act, including assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. (2) Approval and disapproval of compacts and management plans.-- (A) In general.--The Secretary, in consultation with the Governor of Maryland, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving the compact or management plan. (B) Action following disapproval.-- (i) In general.--If the Secretary disapproves a compact or management plan, the Secretary shall advise the coordinating entity in writing of the reasons for rejecting the compact or plan and shall make recommendations for revisions in the compact or plan. (ii) Approval of revision.--The Secretary shall approve or disapprove a proposed revision not later than 90 days after the date the revision is submitted. (3) Approving amendments.-- (A) In general.--The Secretary shall review substantial amendments to the management plan for the Heritage Area. (B) Funds for amendment.--Funds made available under this Act may not be expended to implement a substantial amendment to the management plan until the Secretary approves the amendment. (4) Issuing regulations.--The Secretary shall issue such regulations as are necessary to carry out this Act. (b) Duties of Federal Entities.--A Federal entity conducting or supporting an activity directly affecting the Heritage Area, and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting an activity directly affecting the Heritage Area, shall, to the maximum extent practicable-- (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the coordinating entity in carrying out the duties of the Secretary and the coordinating entity under this Act; and (3) conduct or support the activity in a manner consistent with the management plan. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Lower Eastern Shore American Heritage Area Act of 1996 - Directs the Secretary of the Interior to establish a Lower Eastern Shore American Heritage Area in the Maryland counties of Somerset, Wicomico, and Worcester. Requires the Secretary to enter into a compact (which shall include information relating to the objectives and management of the Area's programs) with the State of Maryland, the Lower Eastern Shore Heritage Committee, Inc. (coordinating entity) and any county eligible to be a participating partner under this Act. Requires the coordinating entity and the participating partners to develop a management plan for the Area that presents comprehensive recommendations for conservation, program funding, management, and development. Provides that, if the Secretary has not approved a plan by two years after this Act's enactment date, the Area shall be ineligible for Federal funding until a management plan is approved. Sets forth provisions concerning: (1) the duties of the coordinating entity and participating partners; (2) limitations on Federal contributions for the operation and implementation costs of such entities and partners with respect to this Act; (3) a prohibition on use of such funds for acquisition of real property; and (4) eligibility of coordinating entities to receive the funds for a ten- year period after the date on which the compact is signed and, if necessary, for an additional five-year period, under specified conditions. Directs the Secretary to make grants available to the coordinating entity and participating partners. Authorizes the Secretary to provide technical and financial assistance to coordinating entities and participating partners, on the request of coordinating entities. Allows the Secretary to expend Federal funds for nonfederally- owned property to further the purpose of this Act. Requires a Federal entity conducting or supporting an activity directly affecting the Area and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activity to: (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the entity in carrying out the Secretary's and the entity's duties under this Act; and (3) conduct or support the activity in a manner consistent with the management plan. Authorizes appropriations.

Lower Eastern Shore American Heritage Area Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Export Embargo Act''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF IRAN. The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.) is amended by inserting after section 1245 the following: ``SEC. 1245A. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF IRAN. ``(a) Findings.--Congress makes the following findings: ``(1) The Government of Iran stands in violation of the United Nations Universal Declaration of Human Rights, adopted at Paris December 10, 1948, by denying its citizens basic freedoms, including the freedoms of expression, religion, and peaceful assembly and movement, and for flagrantly abusing the rights of minorities and women. ``(2) The Government of Iran remains the leading state sponsor of terrorism in the world. That Government's sponsorship of terrorism includes recent involvement in a terrorist attack in Bulgaria, a plot to blow up a cafe in Washington, DC, a plot to assassinate United States officials in the Republic of Azerbaijan, and attempted terrorist attacks in Canada and the Republic of Georgia. ``(3) The Government of Iran stands in violation of United Nations Security Council Resolutions 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010) by refusing to suspend proliferation-sensitive nuclear activities, including all enrichment-related and reprocessing activities and work on all heavy water-related projects. ``(4) The Government of Iran continues to develop ballistic missiles capable of threatening the interests and allies of the United States. ``(5) The Government of Iran stands in violation of United Nations Security Council Resolution 1701 (2006) by its continued transfer of arms to terrorist groups in southern Lebanon. ``(6) The Government of Iran continues to provide arms to terrorist groups in the Gaza Strip. ``(7) The Government of Iran continues to support the Government of Syria in carrying out human rights abuses and crimes against humanity against the people of Syria. ``(b) Blocking of Property.--On and after the date that is 60 days after the date of the enactment of this Act, the President shall block and prohibit all transactions in all property and interests in property of a person described in subsection (f) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ``(c) Facilitation of Certain Transactions.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a person described in subsection (f). ``(d) Importation, Sale, or Transfer of Goods and Services From Iran.--The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if the President determines that the person knowingly, on or after the date that is 60 days after the date of the enactment of this Act, imports, purchases, or transfers goods or services from a person described in subsection (f). ``(e) Insurance and Reinsurance.-- ``(1) In general.--The President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a person if the President determines that the person knowingly, on or after the date that is 60 days after the date of the enactment of this Act, provides underwriting services or insurance or reinsurance to a person described in subsection (f). ``(2) Exception for underwriters and insurance providers exercising due diligence.--The President may not impose sanctions under paragraph (1) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for a person described in subsection (f). ``(f) Persons Described.--A person described in this subsection is any of the following: ``(1) The state and the Government of Iran, or any political subdivision, agency, or instrumentality of that Government, including the Central Bank of Iran. ``(2) Any person owned or controlled, directly or indirectly, by that Government. ``(3) Any person acting or purporting to act, directly or indirectly, for or on behalf of that Government. ``(4) Any other person determined by the President to be described in paragraph (1), (2), or (3). ``(g) Rule of Construction.--A person described in subsection (f) is subject to sanctions under this section without regard to whether the name of the person is published in the Federal Register or incorporated into the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. ``(h) Applicability to Exports of Crude Oil From Iran.--Subsections (c) and (d) shall apply with respect to the exportation, importation, sale, or transfer of crude oil from Iran on and after the date that is 180 days after the date of the enactment of this Act.''.

Iran Export Embargo Act - Amends the Iran Freedom and Counter-Proliferation Act of 2012 to direct the President to prohibit all transactions in property and property interests of a person (as defined in this Act) if such property and property interests are in the United States or within the possession or control of a U.S. individual. Directs the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a described person. Directs the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to an individual that knowingly: (1) imports, purchases, or transfers goods or services from a described person; and (2) provides underwriting services or insurance or reinsurance to a described person. Describes a "person" as: (1) the state and the government of Iran, or any political subdivision, agency, or instrumentality of such government, including the Central Bank of Iran; (2) any person owned or controlled by, or acting for or on behalf of, such government; or (3) any other person determined by the President to be described in clauses (1) or (2).

Iran Export Embargo Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indonesia Human Rights Before Military Assistance Act''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress finds the following: (1) The political and economic crisis in Indonesia has deteriorated to a crisis of legitimacy of the Suharto regime. (2) The Suharto regime controls a vast military network (ABRI) that it uses to maintain control over a population of 200,000,000 people now suffering from the loss of some 10,000,000 jobs, skyrocketing inflation, and food shortages leading to severe hunger and political unrest. (3) The Indonesian military has dramatically increased the number of troops in urban areas and has cracked down on the civilian population through the use of lethal force against student demonstrators, through mass arrests, through torture of prisoners, and through frequent disappearances of pro-democracy leaders especially in and around the capital city of Jakarta. (4) General Suharto seized command of the Government of Indonesia 32 years ago in a bloody coup that claimed between 500,000 and 1,000,000 Indonesian lives. (5) The Indonesian military continues to maintain brutal control over the people of Irian Jaya (West Papua). (6) The Indonesian military's suppression of popular dissent in Aceh and economic oppression have resulted in the mass exodus of thousands of individuals seeking refuge in Malaysia, and those individuals forcibly returned to Aceh face detention in a prison maintained by the Indonesian special forces unit (KOPASSUS). (7) KOPASSUS and other Indonesian military units are widely known for their exceedingly brutal methods of repression and torture against the people of both Indonesia and East Timor. (8) Indonesian military violence now receiving international attention in Jakarta has been the rule in East Timor since 1975. (9) Indonesia invaded East Timor on December 7, 1975, and has illegally occupied that nation for over 22 years. (10) The Indonesian occupation has claimed the lives of over 200,000 East Timorese in massacres, by torture, and through forced starvation. (11) The Government of Indonesia has amassed troops in urban areas in East Timor and during this period of crisis and human rights abuses, including arbitrary arrests, extrajudicial executions, disappearances, and torture continue to mount. (b) Declaration of Policy.--The Congress declares that the United States will no longer accept, condone, finance, or supply the Indonesian military's violence against its own people, the people of East Timor, and the people of Irian Jaya (West Papua). SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO THE GOVERNMENT OF INDONESIA. United States military assistance may not be provided to the Government of Indonesia for any fiscal year beginning after the date of the enactment of this Act unless the President certifies for that fiscal year that the Government of Indonesia-- (1) has been elected in free and fair elections; (2) does not repress civilian political expression; and (3) has made substantial improvement in human rights conditions in Indonesia and East Timor, as determined by independent international or United Nations monitors and the Secretary of State, including-- (A) the release of political prisoners; (B) open access throughout Indonesia, East Timor, and Irian Jaya (West Papua) to international monitoring and relief organizations as well as the press; and (C) the establishment of the rule of law in Indonesia, including civilian control of the military and the cessation of disappearances, torture, and extra-judicial executions in Indonesia and East Timor. SEC. 4. UNITED STATES MILITARY ASSISTANCE DEFINED. In this Act, the term ``United States military assistance'' means lethal military equipment, helicopters, replacement structural components and ammunition for such equipment and helicopters, and any other assistance under the following provisions of law: (1) Chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act. (2) Chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training). (3) The ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act. (4) The transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, including defense articles and defense services licensed or approved for export under section 38 of that Act. (5) The transfer of dual use goods and technologies the export of which is controlled under the Export Administration Act of 1979. (6) The transfer of crime control and detection instruments and equipment the export of which is controlled under the Export Administration Act of 1979.

Indonesia Human Rights Before Military Assistance Act - Prohibits U.S. military assistance to the Government of Indonesia unless the President certifies that it: (1) has been elected in free and fair elections; (2) does not repress civilian political expression; and (3) has made substantial improvement in human rights conditions in Indonesia and East Timor, as determined by independent international or U.S. monitors and the Secretary of State (including the release of political prisoners, open access throughout Indonesia, East Timor, and Irian Jaya (West Papua) to international monitoring and relief organizations as well as the press, and establishment of rule of law in Indonesia).

Indonesia Human Rights Before Military Assistance Act

SECTION 1. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS. (a) The Omnibus Crime Control and Safe Streets Act of 1968, is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following new part: ``PART Q--JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS ``SEC. 1701. GRANT AUTHORIZATION. ``(a) In General.--The Director is authorized to make grants to States and units of local government or combinations thereof to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective programs, including education, prevention, treatment and enforcement programs to reduce-- ``(1) the formation or continuation of juvenile gangs; and ``(2) the use and sale of illegal drugs by juveniles. ``(b) Uses of Funds.--The grants made under this section may be used for any of the following specific purposes: ``(1) to reduce the participation of juveniles in drug related crimes (including drug trafficking and drug use), particularly in and around elementary and secondary schools; ``(2) to reduce juvenile involvement in organized crime, drug and gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles; ``(3) to develop new and innovative means to address the problems of juveniles convicted of serious, drug-related and gang-related offenses; ``(4) to reduce juvenile drug and gang-related activity in public housing projects; ``(5) to provide technical assistance and training to personnel and agencies responsible for the adjudicatory and corrections components of the juvenile justice system to identify drug-dependent or gang-involved juvenile offenders and to provide appropriate counseling and treatment to such offenders; ``(6) to promote the involvement of all juveniles in lawful activities, including-- ``(A) school programs that teach that drug and gang involvement are wrong; and ``(B) programs such as youth sports and other activities, including girls and boys clubs, scout troops, and little leagues; ``(7) to facilitate Federal and State cooperation with local school officials to develop education, prevention and treatment programs for juveniles who are likely to participate in drug trafficking, drug use or gang-related activities; ``(8) to provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system; with the highest possible priority to providing drug abuse treatment to drug- dependent pregnant juveniles and drug-dependent juvenile mothers; ``(9) to provide education and treatment programs for youth exposed to severe violence in their homes, schools, or neighborhoods; ``(10) to establish sports mentoring and coaching programs in which athletes serve as role models for youth to teach that athletics provide a positive alternative to drug and gang involvement; ``(11) to develop new programs that specifically address the unique crime, drug, and alcohol-related challenges faced by juveniles living at or near International Ports of Entry and in other international border communities, including rural localities; ``(12) to identify promising new juvenile drug demand reduction and enforcement programs, to replicate and demonstrate these programs to serve as national, regional or local models that could be used, in whole or in part, by other public and private juvenile justice programs, and to provide technical assistance and training to public or private organizations to implement similar programs; and ``(13) to coordinate violence, gang, and juvenile drug prevention programs with other existing Federal programs that serve community youth to better address the comprehensive needs of such youth. ``(c) Federal Share.--(1) The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in applications submitted under this section for the fiscal year for which the projects receive assistance under this part. ``(2) The Director may waive the 25 percent matching requirement under paragraph (1), upon making a determination that such waiver is equitable due to the financial circumstances affecting the ability of the applicant to meet such requirements. ``SEC. 1702. APPLICATIONS. ``A State or unit of local government applying for grants under this part shall submit an application to the Director in such form and containing such information as the Director shall reasonably require.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking the matter relating to part Q and inserting the following: ``Part Q--Juvenile Drug Trafficking and Gang Prevention Grants ``Sec. 1701. Grant authorization. ``Sec. 1702. Applications. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (10) the following: ``(11) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994 and 1995 to carry out the projects under part Q.''. Passed the House of Representatives November 3, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to assist States and local governments in planning, operating, coordinating, and evaluating projects for the development of more effective programs, including education, prevention, treatment, and enforcement programs, to reduce: (1) the formation or continuation of juvenile gangs; and (2) the use and sale of illegal drugs by juveniles. Specifies the uses of such grants, including: (1) reducing juvenile participation in drug-related crimes (particularly in and around elementary and secondary schools) and juvenile involvement in organized crime, drug- and gang-related activity (particularly activities that involve the distribution of drugs by or to juveniles and such activity in public housing projects); (2) developing new and innovative means to address the problems of juveniles convicted of serious, drug- and gang-related offenses; (3) promoting the involvement of all juveniles in lawful activities; (4) providing pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system and education and treatment programs for youth exposed to severe violence in their homes, schools, or neighborhoods; (5) identifying promising new juvenile drug demand reduction and enforcement programs, replicating and demonstrating such programs to serve as national, regional, or local models, and providing technical assistance and training to public or private organizations to implement similar programs; and (6) coordinating violence, gang, and juvenile drug prevention programs with other existing Federal programs that serve community youth. Sets forth: (1) application requirements; and (2) Federal share requirements. Authorizes appropriations.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to develop more effective programs to reduce juvenile gang participation and juvenile drug trafficking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers and Veterans Prescription Drug Safety Act of 2013''. SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered beneficiary.--The term ``covered beneficiary'' has the meaning given that term in section 1072 of title 10, United States Code. (2) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (3) Dependent.--The term ``dependent'' has the meaning given that term in section 1072 of title 10, United States Code. (4) Eligible person.--The term ``eligible person'' means-- (A) a member of the Armed Forces; (B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code; (C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and (D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use. (5) Program.--The term ``program'' means the program established under subsection (b)(1). (6) Secretary.--The term ``Secretary'' means the Secretary of Defense. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR DEPENDENTS. (a) Definitions.--In this section: (1) Covered controlled substance.--The term ``covered controlled substance'' means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Eligible person.--The term ``eligible person'' means-- (A) a veteran; (B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary; (C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary; (D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and (E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use. (3) Program.--The term ``program'' means the program established under subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (5) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (b) Program Required.-- (1) In general.--The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances.--Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of Abuse.--In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of Program.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation.--Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.

Servicemembers and Veterans Prescription Drug Safety Act of 2013 - Directs the Secretary of Defense (Secretary) and the Attorney General (AG) to jointly carry out a program under which a member of the Armed Forces (member), an individual receiving or entitled to military retired or retainer pay, a dependent-beneficiary of a member, or any person lawfully entitled to dispose of the property of any of such individuals may deliver a personal-use controlled substance (the prescription medication of a deceased individual) for disposal at a facility to be specified by the Secretary and the AG. Requires the Secretary and AG, in implementing the program, to develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of such delivered substances. Directs the Secretary and the AG to jointly carry out a program under which a veteran, a veteran's spouse or dependent, a person in receipt of medical services at a Department of Veterans Affairs (VA) facility, or any person lawfully entitled to dispose of the property of any of such individuals may deliver such a controlled substance for disposal at a specified facility, subject to the same guidelines and procedures with respect to such delivered substances.

Servicemembers and Veterans Prescription Drug Safety Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Integrity Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to protect the integrity of professional sports and strengthen the health and safety standards for Major League Baseball, the National Basketball Association, the National Football League, and the National Hockey League, through the establishment of minimum standards and procedures for testing for prohibited substances and methods. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``professional baseball, basketball, football, or hockey game'' means any baseball, basketball, football, or hockey game held in the United States between any professional teams of a major professional league in which players compete for financial compensation; (2) the term ``major professional league'' means Major League Baseball, the National Basketball Association, the National Football League, and the National Hockey League; and (3) the term ``professional athlete'' means an individual who competes in a professional baseball, basketball, football, or hockey game. SEC. 4. TESTING OF BANNED SUBSTANCES FOR CERTAIN PROFESSIONAL ATHLETES. (a) Conduct Prohibited.--It is unlawful for a major professional league to organize or produce, or for any person to compete in, a professional baseball, basketball, football, or hockey game without meeting the requirements in subsection (b). (b) Minimum Testing Requirements.--Each major professional league shall implement policies and procedures for the testing of the use of prohibited substances and methods by professional athletes who compete in each respective major professional league. Such policies and procedures shall, at minimum, include the following: (1) Timing and frequency of testing.--Each professional athlete shall be tested a minimum of 4 times each year that such athlete is competing in games organized by the major professional league. Each athlete shall be tested-- (A) at least twice, at random intervals, during each season of play; and (B) at least twice, at random intervals, during the off-season. Each major professional league shall also provide for additional tests to be administered when the league has reasonable cause to believe that a particular athlete or team may be in violation of such league's policies regarding prohibited substances and methods. An athlete shall not be notified of any test in advance. (2) Method of testing.--Each test shall consist of each athlete providing a blood or urine sample. The party administering the test shall observe the provision of each sample. Each major professional league shall consult with the United States Anti-Doping Agency regarding method of testing, including selection, notification, collection, processing, and chain of custody issues. (3) Applicable substances.--Each professional athlete shall be tested for the substances and methods determined by the World Anti-Doping Agency to be prohibited at the time of each test. A major professional league may make exceptions for any substance that has been prescribed by a team physician for a documented medical condition. (4) Analysis of sample.--Each sample provided shall be analyzed by a laboratory accredited or otherwise approved by the World Anti-Doping Agency. (5) Positive tests.--A positive test shall consist of the presence in the sample of a substance prohibited pursuant to paragraph (3), or its metabolites or markers. A refusal by a professional athlete to submit to a test shall also be considered a positive test. (6) Penalties.--A positive test shall result in the following penalties: (A) A professional athlete who tests positive for the first time shall be immediately suspended for a minimum of 2 years. (B) A professional athlete who tests positive for a second time shall be permanently barred from participation in the activities of that major professional league. All suspensions shall include a loss of pay for the period of the suspension. (7) Disclosure.--A positive test result by any professional athlete, including the name of such athlete and substance, shall be disclosed to the public. (8) Appeals procedure.--A professional athlete who tests positive shall be provided an opportunity for a hearing and a right to appeal any penalty imposed. Each major professional league shall consult with the United States Anti-Doping Agency in the development of procedures for adjudication and appeals. SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of section 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement Authority.--Notwithstanding section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rulemaking Authority.--The Federal Trade Commission may, by rule pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)), extend the requirements of section 4 to other professional sports leagues operating in interstate commerce (other than those described in section 3(2)) and to the National Collegiate Athletic Association. SEC. 6. REPORTING REQUIREMENT. Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, each major professional league shall transmit to the Federal Trade Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on its testing policies and procedures. The reports shall include-- (1) a comparison of the league's policies and procedures to the policies and procedures required by this Act; and (2) aggregate data concerning the number of tests administered each year and the outcomes of such tests, including the prohibited substances found, but shall not include the names of any professional athletes who have tested positive. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that other professional sports leagues and associations not covered by this Act should adopt policies and procedures for the testing of steroids and other illicit substances that are substantially similar to those required by this Act.

Professional Sports Integrity Act of 2005 - Prohibits Major League Baseball, the National Basketball Association, the National Football League, or the National Hockey League from organizing or producing, or any person from competing in, a professional baseball, basketball, football, or hockey game without meeting the testing requirements established by this Act. Requires each such league to implement testing for the use of prohibited substances by professional athletes who compete in that league, including: (1) testing each athlete at least four times a year, twice during both the season and the off-season; (2) additional testing with reasonable cause; and (3) testing for all substances prohibited by the World Anti-Doping Agency. Requires for each athlete who tests positive: (1) a suspension for a minimum of two years for the first positive test result; (2) a permanent ban for any subsequent positive test result; (3) public disclosure of both the athlete's name and the prohibited substance; and (4) an opportunity to appeal. Deems a violation of this Act to be an unfair or deceptive act or practice. Authorizes the Federal Trade Commission (FTC) to enforce this Act. Requires biennial reports for each league. Expresses the sense of Congress that other professional sports leagues should adopt policies and procedures for the testing of steroids and other illicit substances that are substantially similar to those required by this Act.

To establish standards for the testing of prohibited substances and methods for certain professional baseball, basketball, football, and hockey players.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Development and Debt Relief Act of 1993''. TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION SEC. 101. TENTH REPLENISHMENT. The International Development Association Act (22 U.S.C. 284-284s) is amended by adding at the end the following: ``SEC. 22. TENTH REPLENISHMENT. ``(a) Authority to Agree to Replenishment Resolution.--The United States Governor may, on behalf of the United States, agree to the resolution of the Association entitled `Additions to IDA Resources: Tenth Replenishment'. ``(b) Contribution Authority.--The United States Governor may, on behalf of the United States, contribute funds to the Association to pay 2 annual installments of the subscription and contribution of the United States in accordance with the resolution specified in subsection (a), subject to obtaining the necessary appropriations. ``(c) Limitations on Authorization of Appropriations.--In order to pay for the United States contribution authorized by subsection (b), there are authorized to be appropriated for payment by the Secretary of the Treasury $2,500,000,000, without fiscal year limitation.''. SEC. 102. ADVOCACY OF CERTAIN POLICIES. (a) In General.--Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5) is amended by redesignating section 1620 as section 1621 and by inserting after section 1619 the following: ``SEC. 1620. ADVOCACY OF CERTAIN POLICIES. ``The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development and the International Development Association to use the voices and votes of the Executive Directors to encourage vigorously their respective institutions to-- ``(1) develop new methodologies and indicators to evaluate adequately the effectiveness of the projects and programs of the respective institution in improving, on a sustainable basis, the standard of living of the poorest segments of the populations of the borrowing countries, including methodologies and indicators to evaluate the impact of the Program of Targeted Interventions (PTI); ``(2) increase the amount of resources of the respective institution devoted to the projects and programs identified as most effective by the methodologies and indicators referred to in paragraph (1), and as part of this effort, expand significantly the percentage of International Development Association investment lending included in the Program of Targeted Interventions; ``(3) include affected populations, local governments, and nongovernmental organizations in all phases of the project cycle, from project identification to post-project evaluation; ``(4) include the economic empowerment of women as a factor in evaluating the projects and programs of the respective institution; ``(5) encourage borrowing countries to redirect military expenditures to fund investments in human capital, including measures that promote education, training, and health; ``(6) evaluate adequately, through environmental impact assessments, the effect on the environment and nonrenewable resource base of recipients' economic growth strategies and the structural adjustment and sector lending programs of the respective institution; ``(7) maintain or expand debt relief programs; and ``(8) promote good governance and the rule of law in borrowing countries, by promoting fair and workable laws that are-- ``(A) necessary for economic development, private sector development, and human rights; ``(B) fully communicated to the public; and ``(C) administered by an independent and well- trained judiciary.''. (b) Reports to the Congress.--Not later than September 30, 1994, and not later than September 30, 1995, the Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate reports on the efforts made pursuant to section 1620 of the International Financial Institutions Act, and the results of such efforts. SEC. 103. USE OF LOANS FOR MILITARY DEMOBILIZATION. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by section 102 of this Act, is amended by redesignating section 1621 as section 1622 and by inserting after section 1620 the following: ``SEC. 1621. USE OF LOANS FOR MILITARY DEMOBILIZATION. ``The Secretary of the Treasury shall instruct the United States Executive Director of the International Development Association to use the voice and vote of the Executive Director to encourage the Association to emphasize the importance of facilitating the demobilization of military forces.''. TITLE II--ASIAN DEVELOPMENT FUND SEC. 201. FIFTH REPLENISHMENT. The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by adding at the end the following: ``SEC. 31. FIFTH REPLENISHMENT. ``(a) Authority to Agree to Replenishment Resolution.--The United States Governor may, on behalf of the United States, agree to the resolution of the Bank entitled `Fifth Replenishment of the Asian Development Fund and Second Regularized Replenishment of the Technical Assistance Special Fund'. ``(b) Contribution Authority.--The United States Governor may, on behalf of the United States, contribute funds to the Asian Development Fund, a special fund of the Bank, for the subscription and contribution of the United States in accordance with the resolution specified in subsection (a), subject to obtaining the necessary appropriations. ``(c) Limitations on Authorization of Appropriations.--In order to pay for the United States contribution authorized by subsection (b), there are authorized to be appropriated for payment by the Secretary of the Treasury $680,000,000 without fiscal year limitation.''. TITLE III--GLOBAL ENVIRONMENT FACILITY SEC. 301. GLOBAL ENVIRONMENT FACILITY. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. GLOBAL ENVIRONMENT FACILITY. ``(a) Contribution Authorized.--The Secretary of the Treasury may contribute to the Global Environment Facility $30,810,000, subject to obtaining the necessary appropriations. ``(b) Limitations on Authorization of Appropriations.--In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated for payment by the Secretary of the Treasury, $30,810,000 without fiscal year limitation, if, not later than September 30, 1994, the Secretary of the Treasury has certified that-- ``(1) the Facility has established clear procedures ensuring public availability of documentary information on all Facility projects and associated projects of the Facility implementing agencies; ``(2) the Facility has established clear procedures ensuring that affected peoples in recipient countries are consulted on all aspects of identification, preparation, and implementation of Facility projects; and ``(3) the Facility governance process will provide for contributor country oversight of individual projects in the work program, and specific provisions will be established for the participation of nongovernmental organizations in all phases of the project cycle, including identification, appraisal, implementation, and evaluation.''. TITLE IV--REGIONAL MULTILATERAL DEVELOPMENT BANKS SEC. 401. ADVOCACY OF CERTAIN POLICIES. (a) In General.--Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by sections 102 and 103 of this Act, is amended by redesignating section 1622 as section 1623 and by inserting after section 1621 the following: ``SEC. 1622. ADVOCACY OF CERTAIN POLICIES. ``The Secretary of the Treasury shall instruct the United States Executive Directors of each regional multilateral development bank and of the European Bank for Reconstruction and Development to use their voices and votes to encourage vigorously their respective institutions to-- ``(1) develop new methodologies to evaluate adequately the effectiveness of projects and programs of the respective institution in improving, on a sustainable basis, the standard of living of the poorest segments of the populations of the borrowing countries, and increase the amount of resources of the respective institution devoted to the projects and programs identified as most effective; ``(2) include affected populations, local governments, and nongovernmental organizations in all phases of the project cycle, from project identification to post-project evaluation; ``(3) include the economic empowerment of women as a factor in evaluating projects and programs of the respective institution; ``(4) encourage borrowing countries to redirect military expenditures to fund investments in human capital, including measures that promote education, training, and health; ``(5) evaluate adequately, through environmental impact assessments, the effect on the environment and nonrenewable resource base of recipients' economic growth strategies and structural adjustment and sector lending programs of the respective institution; and ``(6) support the development of the private sector of borrowing countries.''. (b) Reports to the Congress.--Not later than September 30, 1994, and not later than September 30, 1995, the Secretary of the Treasury shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate reports on the efforts made pursuant to section 1622 of the International Financial Institutions Act, and the results of such efforts. SEC. 402. OPPOSITION TO LOANS FOR VIETNAM. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by sections 102, 103, and 401 of this Act, is amended by redesignating section 1623 as section 1624 and by inserting after section 1622 the following: ``SEC. 1623. OPPOSITION TO LOANS FOR VIETNAM. ``The Secretary of the Treasury shall instruct the United States Executive Directors of the International Development Association, the International Bank for Reconstruction and Development, the Asian Development Bank, and the Asian Development Fund to use the voices and votes of the Executive Directors, respectively, to oppose any loan to Vietnam except for basic human needs, until the President certifies to the Congress that acceptable progress has been made toward the fullest possible accounting of all Americans still prisoner, missing, and unaccounted for in Southeast Asia, through, inter alia, access to-- ``(1) all pertinent records of Group 875 of the General Political Directorate; ``(2) all pertinent records of Group 559; ``(3) all photographs and negatives relating to such Americans; ``(4) all grave registrations relating to such Americans; ``(5) all documents indicating that Vietnam knew of any American remains; ``(6) any supporting documents that confirm or deny the 1205 Russian document; and ``(7) any other remaining archival information relating to such Americans.''. TITLE V--SPECIAL DEBT RELIEF SEC. 501. SPECIAL DEBT RELIEF FOR THE POOREST, MOST HEAVILY INDEBTED COUNTRIES. (a) Debt Reduction Authority.--The President may reduce amounts of principal and interest owed by any eligible country to the Export- Import Bank of the United States as a result of loans or guarantees made under the Export-Import Bank Act of 1945. (b) Limitations.-- (1) Types of debt reduction.--The authority provided by subsection (a) may be exercised only to implement multilateral agreements to reduce the burden of official bilateral debt as set forth in the minutes of the so-called ``Paris Club'' (also known as ``Paris Club Agreed Minutes''). (2) Eligible countries.-- (A) Definition.--As used in subsection (a), the term ``eligible country'' means any country that-- (i) has excessively burdensome external debt; (ii) is eligible to borrow from the International Development Association; and (iii) is not eligible to borrow from the International Bank for Reconstruction and Development. (B) Determinations.--Subject to subparagraph (A), the President may determine whether a country is an eligible country for purposes of subsection (a). (C) Authority to exclude countries with unacceptable human rights records or excessive military expenditures.--Notwithstanding subparagraphs (A) and (B), a country shall not be an eligible country for purposes of subsection (a) if, in the sole discretion of the President, the President determines that-- (i) the human rights record of the country is unacceptable; or (ii) the level of military expenditures by the country is excessive. (3) Appropriations.--The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance in appropriations Acts. (c) Limitations on Authorization of Appropriations.--For debt reduction pursuant to this section, there are authorized to be appropriated to the President $48,300,000, without fiscal year limitation, except that not more than $11,500,000 may be so appropriated for fiscal year 1994. (d) The Congress encourages the President to use the amounts appropriated pursuant to subsection (c) to reduce the bilateral debt of any eligible country in accordance with the so-called ``Trinidad Terms''. TITLE VI--MEASURES OF MILITARY SPENDING SEC. 601. JOINT DEVELOPMENT OF MEASURES OF MILITARY SPENDING. Section 60 of the Bretton Woods Agreements Act (22 U.S.C. 286mm) is amended-- (1) in subsection (a)-- (A) in the heading, by striking ``by the Fund''; (B) in paragraph (1)-- (i) by striking ``Director of the Fund'' and inserting ``Directors of the Fund and of the Bank''; (ii) by striking ``urge the Fund, in consultation with the Bank, to continue to develop'' and inserting ``urge the Fund and the Bank to cooperate and coordinate in the continued development of''; and (iii) by inserting ``, and in the reporting of such levels'' before the period; and (C) in paragraph (2), by inserting ``and the Bank'' after ``Fund''; and (2) in subsection (b)-- (A) by striking ``by Fund''; (B) by striking ``Director of the Fund'' and inserting ``Directors of the Fund and of the Bank''; (C) by striking ``urge the Fund'' and inserting ``urge the Fund and the Bank''; (D) by striking ``Board of the Fund'' and inserting ``Boards of the Fund and of the Bank, respectively,''; and (E) by striking ``estimate by the Fund'' and inserting ``joint estimate of the Fund and the Bank''.

TABLE OF CONTENTS: Title I: International Development Association Title II: Asian Development Fund Title III: Global Environment Facility Title IV: Regional Multilateral Development Banks Title V: Special Debt Relief Title VI: Measures of Military Spending International Development and Debt Relief Act of 1993 - Title I: International Development Association - Amends the International Development Association Act to authorize appropriations for the tenth replenishment of the International Development Association (IDA). (Sec. 102) Amends the International Financial Institutions Act to require the Secretary of the Treasury to encourage the U.S. executive directors of the IDA and the International Bank for Reconstruction and Development (World Bank) to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, redirection of military expenditures, environmental protection, debt relief, and support for the rule of law. (Sec. 103) Requires the Secretary to instruct the U.S. executive director of the IDA to encourage the IDA to emphasize the importance of facilitating the demobilization of military forces. Title II: Asian Development Fund - Amends the Asian Development Bank Act to authorize appropriations for specified replenishments of the Asian Development Fund. Title III: Global Environment Facility - Amends the Bretton Woods Agreements Act to authorize appropriations for the U.S. contribution to the Global Environment Facility, subject to a specified certification by the Secretary. Title IV: Regional Multilateral Development Banks - Requires the Secretary to instruct the U.S. executive directors of each regional multilateral development bank and the European Bank for Reconstruction and Development to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, the redirection of military expenditures, environmental impact assessments, and development of the private sector. (Sec. 402) Requires the Secretary to instruct the U.S. executive directors of the IDA, the World Bank, the Asian Development Bank, and the Asian Development Fund to oppose any loan to Vietnam, except for basic human needs, until the President certifies to the Congress that progress has been made toward the fullest accounting of all Americans still prisoner, missing, and unaccounted for in Southeast Asia through access to specified records. Title V: Special Debt Relief - Authorizes the President to reduce debt owed by an eligible country as a result of Export-Import Bank loans or guarantees in order to implement the Paris Club minutes (multilateral debt reduction agreements). Defines an "eligible country" as a country that has burdensome external debt and is eligible to borrow from the IDA, but not from the World Bank. Excludes countries that have unacceptable human rights records or excessive military expenditures. Authorizes appropriations. Title VI: Measures of Military Spending - Provides for joint development and reporting on measures to reduce military spending by developing nations by the International Monetary Fund and the World Bank (currently, the Fund is solely responsible for developing such measures).

International Development and Debt Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security for the 21st Century Act''. SEC. 2. RETIREMENT SECURITY ACCOUNTS. (a) Establishment and Maintenance of Retirement Security Accounts.--Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--Retirement Security Accounts ``definitions ``Sec. 251. In this part-- ``(1) Commissioner.--The term `Commissioner' means the Commissioner of Social Security. ``(2) Electing individual.--The term `electing individual' means an individual with respect to whom an election under section 252 is in effect. ``(3) Eligible individual.--The term `eligible individual' means an individual-- ``(A) who is 18 years of age or older; and ``(B) who is receiving wages subject to tax under section 3101(a) of the Internal Revenue Code of 1986 or self-employment income subject to tax under section 1401(a) of such Code. ``(4) Retirement security account.--The term `retirement security account' means any retirement security account in the Retirement Security Fund (established under section 255(a)) which is administered by the Retirement Security Fund Investment Board (established under section 255(b)). ``(5) Retirement security account contribution.--The term `retirement security account contribution' has the meaning given such term by section 252(e)(2)(A). ``election and establishment of retirement security accounts ``Sec. 252. (a) Election.--An eligible individual may elect to make retirement security account contributions to a retirement security account established under subsection (d) and maintained for the benefit of such individual. ``(b) Election Period.--An election under subsection (a) shall be irrevocable and shall be effective with respect to wages paid or self- employment income earned during any quarter of coverage beginning after the date of such election. ``(c) Form of Election.--An election under this section shall be made-- ``(1) on W-4 forms (or any successor form), or ``(2) in such other manner as the Commissioner may prescribe in order to ensure ease of administration and reductions in burdens on employers. ``(d) Establishment.--The Commissioner, within 30 days of the receipt of the first contribution received pursuant to subsection (e) with respect to any electing individual, shall establish in the name of such individual a retirement security account. The retirement security account shall be identified to the account holder by means of the account holder's social security account number. ``(e) Contributions.-- ``(1) In general.--The Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund, for crediting by the Commissioner to a retirement security account of an electing individual, a retirement security account contribution of such individual. ``(2) Retirement security account contribution.-- ``(A) In general.--For purposes of this part, the term `retirement security account contribution' means, with respect to any quarter of coverage during an election period under subsection (b), an amount equal to the applicable percentage of the amount collected under section 3101(a) or 1401(a) of the Internal Revenue Code of 1986 on account of wages or self- employment income of an electing individual for such quarter. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any quarter of coverage during an election period under subsection (b) shall be equal to-- ``(i) in the case of amounts collected under section 3101(a) of the Internal Revenue Code of 1986, 2.5 percent for the first 4 quarters, increased (but not above 50 percent) by 2.5 percentage points for each successive 4 quarters, and ``(ii) in the case of amounts collected under section 1401(a) of such Code, 1.25 percent for the first 4 quarters, increased (but not above 25 percent) by 1.25 percentage points for each successive 4 quarters. ``(f) Designation of Investment Options for Retirement Security Account.-- ``(1) Designation.--Each electing individual shall designate 1 or more investment options for the individual's retirement security account to which retirement security account contributions on behalf of such individual are to be credited. ``(2) Form of designation.--The designation described in paragraph (1) shall be made in such manner and at such intervals as the Commissioner may prescribe in order to ensure ease of administration and reductions in burdens on employers. ``(3) Designation in absence of designation by individual.--In any case in which no designation of an investment option for an individual's retirement security account is made, the Commissioner shall make such a designation in accordance with regulations. ``treatment of retirement security accounts ``Sec. 253. Except as otherwise provided in this part, any retirement security account shall be treated in the same manner as an individual account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code. ``retirement security account distributions ``Sec. 254. (a) Date of Initial Distribution.--Except as provided in subsection (c), distributions may only be made from a retirement security account of an electing individual on and after the date on which the individual begins receiving benefits under this title. ``(b) Forms of Distribution.-- ``(1) Required monthly payments.--Except as provided in paragraph (2), beginning with the date determined under subsection (a), an amount equal to not less than 75 percent of the balance in a retirement security account, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Retirement Security Account Fund Investment Board), shall be paid by means of the purchase of annuities or equal monthly payments over the life expectancy of the electing individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code, and providing for indexing for inflation. ``(2) Payment of excess funds.--To the extent funds remain in an individual's retirement security account after the application of paragraph (1), such funds shall be payable to the individual in such manner and in such amounts as determined by the individual, in accordance with rules established by the Retirement Security Fund Investment Board. ``(c) Distribution in the Event of Death Before the Date of Initial Distribution.--If the individual dies before the date determined under subsection (a), the balance in such individual's retirement security account shall be distributed in a lump sum to the individual's heirs, under rules established by the Retirement Security Fund Investment Board. ``(d) Tax Treatment of Distributions.--All distributions under this section shall be exempt from any taxation under the Internal Revenue Code of 1986. ``retirement security fund ``Sec. 255. (a) Establishment.--There is established and maintained in the Treasury of the United States a Retirement Security Fund in the same manner as the Thrift Savings Fund under sections 8437, 8438, and 8439 of title 5, United States Code. ``(b) Retirement Security Fund Investment Board.-- ``(1) In general.--There is established and operated in the Executive Branch of the Government a Retirement Security Fund Investment Board (referred to in this section as the `Board') in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. ``(2) Specific investment and reporting duties.-- ``(A) In general.--The Retirement Security Fund Investment Board shall manage and report on the activities of the Retirement Security Fund and the retirement security accounts of such Fund in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. ``(B) Study and report on increased investment options.-- ``(i) Study.--The Retirement Security Fund Investment Board shall conduct a study regarding ways to increase an individual's investment options with respect to such individual's retirement security account. ``(ii) Report.--Not later than 2 years after the date of enactment of the Social Security for the 21st Century Act, the Retirement Security Fund Investment Board shall submit a report to the President and Congress that contains a detailed statement of the results of the study conducted pursuant to clause (i), together with the Board's recommendations for such legislative actions as the Board considers appropriate. ``budgetary treatment of retirement security fund and accounts ``Sec. 256. The receipts and disbursements of the Retirement Security Fund and any accounts within such fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.''. (b) Effective Date.--The amendments made by this section shall apply with respect to elections made after December 31, 2000. SEC. 2. ADJUSTMENT OF SOCIAL SECURITY BENEFIT FOR ELECTING INDIVIDUALS. (a) Reduction of Benefits Under OASDI Upon Election Under Part B.-- Section 215 of the Social Security Act (42 U.S.C. 415) is amended by adding at the end the following: ``reduction on account of election under part b ``(j)(1) Notwithstanding any other provision of this section, the primary insurance amount for an electing individual (as defined in section 251), as determined without regard to this subsection, shall be reduced by 50 percent. ``(2) A reduction of benefits for an electing individual under paragraph (1) shall not be taken into account in determining the benefit of any individual which is dependent upon the wages and self- employment income of the electing individual.''. (b) Effective Date.--The amendment made by this section shall take effect with respect to benefits received after December 31, 2000. SEC. 3. PERSONAL EARNINGS AND BENEFIT ESTIMATE STATEMENT. (a) In General.--Section 1143(a)(2) of the Social Security Act (42 U.S.C. 1320b-13(a)(2)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) an estimate of the aggregate of the retirement security account contributions under part B of title II of the eligible individual (as defined in section 251) and any amounts in the retirement security account of such individual as shown by the records of the Secretary on the date of the request.''. SEC. 4. ESTABLISHMENT OF SPECIAL RESERVE ACCOUNT. (a) In General.--Section 201 of the Social Security Act is amended by adding at the end the following new subsection: ``(n)(1) There is established within the Treasury a special reserve account to be known as the `Protect Social Security Account' (in this subsection referred to as the `account'). The account shall be used to save budget surpluses until a reform measure is enacted to ensure the long-term solvency of the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(2) The Secretary of the Treasury shall pay into the account at the end of each fiscal year in the fiscal-year period beginning on October 1, 1999, and ending on September 30, 2010, an amount which in the aggregate, at the end the fiscal-year period, will equal an amount equal to 70 percent of the projected surplus (if any) in the total budget of the United States Government for that fiscal-year period. ``(3) Within 10 days after the date of enactment of this subsection, the Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall project the budget surplus (if any) for the total budget of the United States Government for the fiscal-year period beginning on October 1, 1999, and ending on September 30, 2010. ``(4) The Secretary of the Treasury shall invest the funds held in the account pending enactment of the reform measure referred to in paragraph (1). The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize, in the manner provided in subsection (d), the issuance at par of public-debt obligations for purchase for the account. The interest on, and the proceeds from redemption of, any obligations held in the account shall be credited to and form a part of the account. ``(5) In this subsection, the term `total budget of the United States Government' means all spending and receipt accounts of the United States Government that are designated as on-budget or off-budget accounts.''. (b) Effective Date.--The amendment made by this section shall apply to fiscal years beginning on or after October 1, 1999.

Directs the Secretary of the Treasury to transfer from the Federal Old-Age and Survivors Insurance Trust fund for crediting by the Commissioner to an elector's RSA of a retirement security account contribution based on an applicable percentage of the elector's FICA (Federal Insurance Contributions Act) or self-employment taxes for investment according to the elector's designated investment options under a system similar to the Thrift Savings Plan for Federal employees, with a Retirement Security Fund (RSF) established in the Treasury that is to be managed by a Retirement Security Fund Investment Board (RSFIB). Provides for the treatment of RSA distributions and the off-budget budgetary treatment of RSF and its RSAs. Requires RSFIB to study and report to the President and the Congress on increased investment options for electors. Amends SSA title II to establish in the Treasury the Protect Social Security Account to save budget surpluses until a reform measure is enacted to ensure the long-term solvency of the social security trust funds. Requires the Secretary to: (1) pay into the Account at the end of each fiscal year in the FY 2000 through 2010 period an amount which in the aggregate, at the end of such period, will equal 70 percent of any such surplus projected by the Secretary for that period; and (2) invest all such amounts in public debt obligations.

Social Security for the 21st Century Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integration of Baseball Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On April 15, 1947, future Hall of Famer Jackie Robinson changed the landscape of the National Pastime and the Nation itself when he stepped onto the grass at Ebbets Field as the starting first baseman for the Brooklyn Dodgers and the first African-American to play Major League Baseball in the modern era. (2) On July 5, 1947, future Hall of Famer Larry Doby took his first at-bat for the Cleveland Indians, ending the color barrier in the American League forever. (3) The integration of Major League Baseball in 1947 is recognized today as a seminal moment in the Civil Rights Movement and American history. (4) The integration of Major League Baseball preceded the landmark U.S. Supreme Court ruling in Brown v. The Board of Education by seven years and the enactment of the 1964 Civil Rights Act by seventeen years. (5) The National Baseball Hall of Fame and Museum and the Jackie Robinson Foundation are dedicated to telling the story of baseball's unique role in helping to end racial segregation and advancing civil rights in the United States of America. SEC. 3. COIN SPECIFICATIONS. (a) Shape and Surface Treatment.--All coins issued pursuant to this Act shall be square, with the design corner-aligned, shall be finished on the reverse with ``enhanced uncirculated'' treatment, and shall be of approximately the same size. The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary''), at the Secretary's discretion, may also use the ``enhanced uncirculated'' treatment on the coin obverse. (b) Denominations.--In recognition and celebration of the 75th anniversary of the integration of baseball, the Secretary shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 1 ounce; (B) be struck on a planchet of appropriate dimensions; and (C) contain at least 90 percent gold. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet of appropriate dimensions; and (C) contain at least 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins, which shall be of such specifications as the Secretary may choose, except that, to the greatest extent possible, such half-dollar coins shall match in size the other coins described in this subsection. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Baseball Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin, which, for purposes of the coins described under paragraphs (1) and (2) of section 3(b) shall use a dollar sign and a numeral rather than spelling out the denomination; (2) an inscription of the year ``2022''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Common Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a baseball diamond similar to those used by Major League Baseball. (d) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the integration of the game of baseball. (2) Selection and approval.--Proposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. The Secretary shall encourage 3-dimensional models to be submitted as part of the design proposals. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and shall endeavor to publicize the design contest to participants in youth baseball programs. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2022. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $50 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Baseball Hall of Fame, with the understanding that the Hall of Fame shall work with the Jackie Robinson Foundation, so that the two organizations may develop and operate education programs about the integration of baseball, and preserve artifacts related to the integration of baseball. (c) Audits.--The National Baseball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Integration of Baseball Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition and celebration of the 75th anniversary of the integration of the game of baseball. All sales of such coins shall include specified surcharges. All surcharges received by Treasury shall be distributed to the National Baseball Hall of Fame, with the understanding that the Hall of Fame shall work with the Jackie Robinson Foundation to develop and operate education programs about the integration of the game of baseball and to preserve artifacts related to the integration of the game.

Integration of Baseball Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Freedom Act of 2000''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical savings accounts.--No credit shall be allowed under this section for amounts paid from any medical savings account (as defined in section 220(d)). ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Prescription drugs purchased by individuals who have attained social security retirement age.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by striking paragraph (2); and (2) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) in paragraph (3) (as so redesignated) by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS. Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES; EFFECTIVE DATE. (a) Regulations.--Before the expiration of the period specified in subsection (b), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202. (b) Effective Date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202 take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in subsection (a) have been promulgated.

Title II: Amendments to Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to replace drug reimportation provisions with provisions which permit a person who meets applicable legal requirements to be an importer of drugs to import certain drugs (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. Prohibits the Secretary from taking any action under the FDCA with respect to the interstate sale of a prescription drug through an Internet site, if the sale was made in compliance with the FDCA and with applicable State laws and accurate information regarding compliance with the FDCA and such State laws is posted on the Internet site.

Pharmaceutical Freedom Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forests Rehabilitation and Recovery Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In enacting the Healthy Forest Restoration Act of 2003 (Public Law 108-148; 16 U.S.C. 6501 et seq.), Congress clearly recognized the priority of reducing wildfire risks to communities through active hazardous fuels reduction treatment of adjacent forested Federal lands. (2) Because of funding limitations, the Secretary of Agriculture and the Secretary of the Interior have been unable to fully implement the necessary hazardous fuels reductions anticipated by the Healthy Forest Restoration Act of 2003, and many communities in the vicinity of forested Federal lands remain at risk for wildland fire. (3) The Secretary of Agriculture and the Secretary of the Interior should increase efforts to prioritize and aggressively pursue hazardous fuel reduction in communities at risk in the wildland-urban interface. (4) Many communities are still at risk from unnatural accumulation of fuels, and, for such at-risk communities, it is important to pro-actively consider scenarios for the rehabilitation of Federal land near these communities, should an uncharacteristic disturbance occur. (5) While significant scientific research exists on the short-term and long-term impacts of vegetative removal following a fire, it is essential to test various approaches to post-disturbance management to determine whether and how trees of commercial value can be removed during the post-disturbance period while ensuring the best and fastest recovery to a resilient state that will ensure long-term protection for both forest ecosystems and forest communities. (6) Community collaboration has shown great promise in resolving controversial issues prior to, and as part of, the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), and the Healthy Forest Restoration Act of 2003 recognized the promise of collaboration by encouraging the development of community wildfire protection plans. (7) It is important to promote pro-active planning and collaboration to accelerate the approval of restoration projects following wildland fire or other uncharacteristic disturbance events. SEC. 3. DEFINITIONS. In this section: (1) Collaboration.--The term ``collaboration'' means an inclusive and open process of bringing together interested persons, including local elected officials, State and Federal agencies, and emergency responders, to develop a consensus on a particular natural resource issue. (2) Community wildfire protection plan.--The term ``community wildfire protection plan'' has the meaning given that term in section 101(3) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6511(3)), which is further described by the Western Governors Association in the document entitled ``Preparing a Community Wildfire Protection Plan: A Handbook for Wildland-Interface Communities'' and dated March 2004. (3) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (4) Federal land forest community.--The term ``Federal land forest community'' means a town, city, county, Indian tribe, or collaborative group-- (A) located adjacent to (or, in the case of a county, containing) Federal land; and (B) whose residents (or, in the case of an Indian tribe or collaborative group, whose members) have a history of deriving income and employment from recreation, grazing, timber harvesting, or other activities involving Federal land. (5) Inventoried roadless area.--The term ``Inventoried roadless area'' means one of the areas identified in the set of inventoried roadless areas maps contained in the Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000. (6) Pilot project.--The term ``pilot project'' means one of the post-disturbance rehabilitation pilot projects authorized by this Act. (7) Pilot project site.--The term ``pilot project site'' means an area of Federal land designated by the Secretary concerned under section 4 as a location in which a pilot project will be carried out. (8) Post-disturbance.--The term ``Post-disturbance'' means a period of three years immediately following an uncharacteristic disturbance. (9) Rehabilitation plan.--The term ``rehabilitation plan'' means a plan developed under section 5 to address the post- disturbance rehabilitation of a pilot project site. (10) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to land of the National Forest System described in paragraph (3)(A); and (B) the Secretary of the Interior, with respect to public lands described in paragraph (3)(B). (11) Uncharacteristic disturbance.--The term ``uncharacteristic disturbance'' means a relatively discrete event, such as forest fire, insect infestation, or hurricane, that significantly alters the structure, composition, function, or successional trajectory of an ecological system. SEC. 4. POST-DISTURBANCE REHABILITATION PILOT PROJECTS FOR FEDERAL LAND FOREST COMMUNITIES. (a) Establishment.--On the basis of applications submitted by Federal land forest communities, the Secretary of Agriculture and the Secretary of the Interior may each establish not more than five post- disturbance rehabilitation pilot projects involving Federal land for the purpose of encouraging post-disturbance rehabilitation of the pilot project site in a manner that-- (1) reflects the common ground identified by diverse interests within a Federal land forest community; (2) restores the forest ecosystem health and diversity of the pilot project site; and (3) will benefit the Federal land forest community. (b) Application Process.--Not later than 60 days after the date of the enactment of this Act, the Secretary concerned shall develop an application process by which Federal land forest communities may seek the designation of an area of Federal land as a pilot project site for use of the authorities provided by this Act. (c) Eligibility Criteria.--An area of Federal land must satisfy at least one of the following criteria before the Secretary concerned may designate the area as a pilot project site: (1) The area is covered by a community wildfire protection plan or a collaborative working group or infrastructure, in existence as of the date of the enactment of this Act. (2) Federal lands that are demonstrably at serious risk from the impacts of uncharacteristically intense wildland fire, a severe blow down, or other catastrophic events, such as hurricanes with associated windfall, beyond the range of historic variability. (3) The area is in the vicinity of a Federal land forest community or communities that have worked to address forest health across land ownership types. (4) The area is adjacent to, or intermingled with, communities, and the area has had an unnatural buildup of fuels due to a long history of fire suppression or has become an unnatural ecosystem due to past management practices. (d) Special Consideration for Eligibility for Pilot Projects.--In evaluating the application submitted by a Federal land forest community for the designation of a pilot project site, the Secretary concerned shall give special consideration to the following: (1) Documented support for the application from a diversity of interested persons in the community. (2) The community has a proven track record of working in a collaborative manner to resolve natural resource issues. (3) The community has worked to address forest health issues through comprehensive watershed assessments. (4) The community, or entities in the community, are already receiving grants or working with the Secretary of Agriculture through one or more programs under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.). (e) Exclusion of Certain Federal Land.--Notwithstanding subsection (c), the following Federal land may not be included within a pilot project site: (1) Federal land containing old growth forest or late successional forest. (2) Federal land on which the removal of vegetation is prohibited, including components of the National Wilderness Preservation System. (3) Wilderness Study Areas. (4) Inventoried roadless areas. (5) Federal land included in a land allocation made by an Act of Congress or the Secretary concerned for the special protection of natural, historical, cultural, recreational, or other public values and regarding which trees located on the land is not scheduled to contribute to the regular timber sale program (f) Acreage Limitations.--A pilot project site may not exceed 10,000 acres. The total acreage encompassed by all pilot project sites designated by the Secretary concerned may not exceed 50,000 acres. (g) Duration of Designation Authority.--The authority of the Secretary concerned to designate pilot project sites expires at the end of the three-year period beginning on the date of the enactment of this Act. The expiration of such authority shall not affect the use of the authorities provided by this Act in pilot project sites designated before the end of such period. SEC. 5. POST-DISTURBANCE REHABILITATION PLAN FOR DESIGNATED FEDERAL LAND FOREST COMMUNITIES. (a) Plan Required.-- (1) Development of plan.--Once an area of Federal land is designated as a pilot project site, the Federal land forest community that applied for the designation of the pilot project site shall develop and submit to the Secretary concerned a plan to address post-disturbance rehabilitation of the pilot project site, whether the uncharacteristic disturbance is caused by a wildfire or nonfire-related uncharacteristic disturbance event. (2) Community wildfire protection plan amendment.--If an area of Federal land designated as a pilot project site is already covered by a community wildfire protection plan, the rehabilitation plan may be developed as an amendment to the community wildfire protection plan. (3) Addressing non-fire-related disturbance events.--A rehabilitation plan intended to address nonfire-related uncharacteristic disturbance events shall be developed in accordance with the direction provided for community wildfire protection plans pursuant to the Healthy Forest Restoration Act of 2003. (b) Technical and Financial Assistance.--The Secretary concerned may provide technical and financial assistance to Federal land forest communities to assist in their efforts to develop a rehabilitation plan or amend a community wildfire protection plan to include a rehabilitation plan. (c) Contents of Plan.--A rehabilitation plan, whether developed as an amendment to a community wildfire protection plan or as a separate plan, shall specifically address the following: (1) Any anticipated temporary road use or road decommissioning. (2) Reducing the standing dead hazardous fuels and surface hazardous fuels to levels described in the existing land management plan or returning the area to a condition class 1 or 2 fire regime. (3) Measures for protection of fragile soils and rehabilitation of soil integrity. (4) Water quality and quantity protection and restoration. (5) Wildlife and fish habitat and restoration. (6) Management to prevent adverse impacts to soils and wildlife and fish habitat. (7) Guidance directing projects to avoid steep slopes and erosion-prone areas. (8) Utilization and marketing of material removed to ensure economic benefit to the Federal land forest community. (9) Replanting needs, with an emphasis on native vegetation. (d) Fire Planning, Grazing, and Tree Removal.-- (1) Fire planning.--To be considered to adequately address fire planning, post disturbance rehabilitation projects under a rehabilitation plan must conform to the strategic restoration objectives provided by the applicable Fire Management Plan. (2) Grazing.--To be considered to adequately address grazing, the rehabilitation plan for a pilot project site must design and adjust allotment management plans (including grazing deferrals) to optimize recovery of a disturbed area. (3) Tree removal.--If standing trees are proposed for removal at a pilot project site, the rehabilitation plan for the site shall-- (A) focus on small diameter trees and thinning from below; (B) maximize the retention of legacy trees to promote recovery of a natural composition of native plant and wildlife species; and (C) vary treatment intensities, and avoid even-aged management, to ensure forest health (e) Expedited Consideration of Rehabilitation Plan and Uncharacteristic Disturbance Responses.-- (1) Response to uncharacteristic disturbance.--After an uncharacteristic disturbance occurs on a pilot project site that is covered by a rehabilitation plan accepted by the Secretary concerned, and at the request of the Federal land forest community that developed the redevelopment plan, the Secretary concerned shall initiate a process under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for the purpose of deciding what, if any, management activities to take to respond to the uncharacteristic disturbance. (2) Scoping; preferred alternative.--Development of a qualifying rehabilitation plan is considered to meet the scoping requirements of the National Environmental Policy Act of 1969. Among those alternatives considered in the process initiated under such Act, the rehabilitation plan shall be proposed (with any necessary refinement) as the preferred alternative. (3) Environmental documentation.--To the extent practicable, the Secretary concerned shall make the environmental documentation available to the public-- (A) within 60 days after the end of the uncharacteristic disturbance; or (B) in the case of an ongoing uncharacteristic disturbance, such as an insect infestation, as soon as practicable. (4) Public comment.--The Secretary concerned shall provide for a period of public comment of not less than-- (A) 30 days, in the case of an environmental assessment; and (B) 45 days, in the case of a draft environmental impact statement or final environmental impact statement. (5) Record of decision.--The Secretary concerned shall issue a record of decision not later than 30 days after the close of the public comment period. (6) Appeal.--To the extent practicable, decisions on appeals should be made within 30 days. (f) Independent Monitoring.--In order to have the most effective projects within a pilot project site, projects shall have independent third-party monitoring (or at the request of the Federal land forest community, local level multi-party monitoring) to evaluate the impacts of the post-disturbance rehabilitation work. A plan for monitoring shall be established at the earliest stages of collaboration and shall be incorporated into project design and implementation and shall be linked to the participatory research efforts directed in this Act. (g) Oversight Committee.-- (1) Establishment.--The Secretary concerned shall establish a national oversight committee to provide independent scientific and socio-economic monitoring of the pilot projects and activities carried out at the pilot project sites. (2) Membership.--The national oversight committee shall be set up under the auspices of the National Academy of Sciences and shall consist of five members who are scientists with expertise in evaluating the biological, ecological, hydrogeological, and socioeconomic components of the pilot projects. (3) Accountability.--The oversight committee shall conduct independent scientific and socio-economic monitoring under subsection (f) and submit reports to Congress on the short- and long-term results of the pilot project. Specifically, the reports should evaluate improvements in forest diversity, soil stability, reduction of fire risk, and local economic indicators. (h) Reports of Federal Land Forest Community.--The Federal land forest community that applied for the designation of an approved pilot project site shall submit to the national oversight committee two reports regarding the results of the pilot project for that pilot project site. An initial report shall be submitted at the halfway point of their pilot project and a final report shall be submitted at the end of their pilot project.

National Forests Rehabilitation and Recovery Act of 2005 - Authorizes the Secretary of Agriculture and the Secretary of the Interior to each, from applications submitted by federal land forest communities (communities), establish up to five post-disturbance pilot projects involving federal land near such communities. Requires that, once an area is designated as a pilot project site, the community that applied for such designation shall develop and submit to the Secretary concerned a plan to address post-disturbance rehabilitation of the project site, whether the uncharacteristic disturbance of the federal land is caused by a wildfire or a nonfire-related event. Authorizes the Secretary concerned to provide technical and financial assistance to communities to assist their efforts to develop a rehabilitation plan or to amend a community wildfire protection plan to include a rehabilitation plan. Provides for expedited rehabilitation activities following uncharacteristic disturbances at project sites. Directs the Secretary concerned to establish a national oversight committee to provide independent scientific and socioeconomic monitoring of the pilot projects and activities carried out at project sites.

To authorize the Forest Service and the Bureau of Land Management to carry out a series of pilot projects to encourage collaborative approaches to, and to provide research on, the rehabilitation of forest ecosystem health following uncharacteristic disturbances of forested Federal lands, to be conducted in a manner that protects wildlife habitat, water quality, and forest resiliency while also promoting social and economic opportunities in nearby communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Protection School Finance Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are systems of public school finance within States which subject American children to educations of radically varying and grossly unequal quality solely on the basis of where they live. (2) In its unanimous decision in the case of Brown v. Board of Education, 347 U.S. 483, 493 (1954), the Supreme Court stated: ``In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.'' (3) Education is a fundamental right under the equal protection clause of the United States Constitution. (4) The provision of education to all children within a State on an equal basis, including equality of financial resources, is fundamental to the equal protection of laws. SEC. 3. EQUALIZATION SYSTEM. (a) In General.--Subject to subsection (c), beginning 5 years after the date of enactment of this Act, a State shall be ineligible to receive Federal funds as specified in section 4(c) if such State does not maintain a coefficient of variation of at least 10 percent for per- pupil expenditures in local educational agencies statewide, for elementary and secondary education in such State. (b) Coefficient of Variation Defined.--In this section, the term ``coefficient of variation'' means the standard deviation of local educational agency expenditures divided by the mean per-student expenditure, calculated-- (1) based on intrastate expenditures for current operations, as determined by the State, without regard to Federal contributions; and (2) excluding-- (A) local educational agencies with fewer than 250 students; (B) capital expenditures; and (C) funds targeted to address a specific need (such as educationally disadvantaged, handicapped, gifted, or language-deficient students), without regard to the source of such funds, but nothing in this Act shall preclude a State or the Federal Government from providing additional resources to local educational agencies to address any such specific need. (c) Waiver.--The Secretary may provide a single waiver of subsection (a) and provide continued funding for elementary and secondary education to a State which has not complied with the requirements of such subsection, if such State submits to the Secretary a plan for compliance which the Secretary determines will bring the State into compliance within 5 years. A waiver under this subsection may not be granted for a duration of more than five years after the date the Secretary approves such a plan for compliance. SEC. 4. REPORT, CERTIFICATION, AND CHALLENGE. (a) Annual Report.--Not later than January 1 of each year, a State shall submit to the Secretary a report describing-- (1) the manner in which the State has complied with section 3(a) or whether such State has received a waiver under section 3(c); and (2) such additional information as the Secretary may require. (b) Annual Certification.--The report required by subsection (a) shall include a certification that the State has complied with the provisions of section 3(a) or has been granted a waiver under section 3(c). Such certification shall be prima facie evidence that the State has complied with section 3 unless such certification is challenged under subsection (c). (c) Certification Challenge.--Not later than 90 days after the date on which a State certification is due under subsection (b), a local educational agency in a State may file a complaint with the Secretary challenging such certification. SEC. 5. CONSEQUENCES OF NONCOMPLIANCE. (a) Ineligibility for Federal Education Funds.--If the Secretary determines, after notice and opportunity for a hearing, that a State fails to comply with section 3(a) and has not obtained a waiver under section 3(c), such State shall be ineligible to receive Federal funds administered by the Secretary to support elementary and secondary education, beginning on the first day of the first fiscal year after such finding. (b) Restoration of Eligibility.--Eligibility for funds identified under subsections (a) shall be restored at the beginning of the next fiscal year after the Secretary determines that the State has complied with section 3(a) or grants a waiver under section 3(c), whichever occurs first. (c) Redistribution of Funds.--Funds for elementary and secondary education made ineligible for a State under subsection (a) shall be reallocated by the Secretary among States that-- (1) are in compliance with the requirements of section 3(a); or (2) are implementing compliance plans pursuant to section 3(c). SEC. 6. RULEMAKING. The Secretary may make rules to carry out this Act. SEC. 7. DEFINITIONS. In this Act: (1) The term ``local educational agency'' has the meaning given such term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)). (2) The term ``Secretary'' means the Secretary of Education.

Equal Protection School Finance Act - Provides for a system to help equalize funding for education within States.Makes a State ineligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation of per pupil expenditures in local educational agencies statewide for elementary and secondary education is greater than ten percent. Authorizes the Secretary of Education to provide such funding to a noncompliant State if that State submits a plan which the Secretary determines will bring the State into compliance within five years.Sets forth procedures for compliance reporting, certification, and challenges. Directs the Secretary to reallocate to compliant States, and States developing or implementing compliance plans, any funds that are not distributed to noncompliant States.

To require States to equalize funding for education throughout the State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Access Records Available to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. (2) This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. (3) This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. (4) To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. (5) Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. (6) President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the ``Winter White House'' and the ``Southern White House''. (7) President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. (8) Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. (9) Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. (10) The President has conducted official business and hosted international leaders at Mar-a-Lago. (11) Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. (12) President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. (13) On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. (14) Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a ``Summer White House''. (15) The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. (16) To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. SEC. 3. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. (a) Definitions.--In this section: (1) Covered location.--The term ``covered location'' means-- (A) the White House; (B) the residence of the Vice President; and (C) any other location at which the President or the Vice President regularly conducts official business. (2) Covered records.--The term ``covered records'' means information relating to a visit at a covered location, which shall include-- (A) the name of each visitor at the covered location; (B) the name of each individual with whom each visitor described in subparagraph (A) met at the covered location; and (C) the purpose of the visit. (b) Requirement.--Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. (c) Exceptions.-- (1) In general.--The President shall not include in the database established under subsection (b) any covered record-- (A) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security; or (B) relating to a purely personal guest at a covered location. (2) Sensitive meetings.--With respect to a particularly sensitive meeting at a covered location, the President shall-- (A) include the number of visitors at the covered location in the database established under subsection (b); and (B) post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business (covered location); the name of each individual with whom the visitor met at the covered location; and the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Border Corruption Reauthorization Act of 2017''. SEC. 2. HIRING FLEXIBILITY. Section 3 of the Anti-Border Corruption Act of 2010 (Public Law 111-376; 6 U.S.C. 221) is amended by striking subsection (b) and inserting the following new subsections: ``(b) Waiver Authority.--The Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1) in the following circumstances: ``(1) In the case of a current, full-time law enforcement officer employed by a State or local law enforcement agency, if such officer-- ``(A) has served as a law enforcement officer for not fewer than 3 years with no break in service; ``(B) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; ``(C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and ``(D) has, within the past 10 years, successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency. ``(2) In the case of a current, full-time law enforcement officer employed by a Federal law enforcement agency, if such officer-- ``(A) has served as a law enforcement officer for not fewer than 3 years with no break in service; ``(B) has authority to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; ``(C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and ``(D) holds a current Tier 4 background investigation or current Tier 5 background investigation. ``(3) In the case of an individual who is a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual-- ``(A) has served in the Armed Forces for not fewer than 3 years; ``(B) holds, or has held within the past 5 years, a Secret, Top Secret, or Top Secret / Sensitive Compartmented Information clearance; ``(C) holds, or has undergone within the past 5 years, a current Tier 4 background investigation or current Tier 5 background investigation; ``(D) received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and ``(E) was not granted any waivers to obtain the clearance referred to subparagraph (B). ``(c) Termination of Waiver Authority.--The authority to issue a waiver under subsection (b) shall terminate on the date that is 5 years after the date of the enactment of the Anti-Border Corruption Reauthorization Act of 2017.''. SEC. 3. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS. (a) Supplemental Commissioner Authority.--Section 4 of the Anti- Border Corruption Act of 2010 (Public Law 111-376) is amended to read as follows: ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. ``(a) Non-Exemption.--An individual who receives a waiver under subsection (b) of section 3 is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. ``(b) Background Investigations.--Any individual who receives a waiver under subsection (b) of section 3 who holds a current Tier 4 background investigation shall be subject to a Tier 5 background investigation. ``(c) Administration of Polygraph Examination.--The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.''. (b) Report.--The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section: ``SEC. 5. REPORTING. ``Not later than 1 year after the date of the enactment of this section and every year for the next 4 years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (c) of section 4, the result of such examination, and the final outcome of the application for employment at issue.''. (c) Definitions.--The Anti-Border Corruption Act of 2010, as amended by subsection (b) of this section, is further amended by adding at the end the following new section: ``SEC. 6. DEFINITIONS. ``In this Act: ``(1) Law enforcement officer.--The term `law enforcement officer' has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. ``(2) Veteran.--The term `veteran' has the meaning given such term in section 101(2) of title 38, United States Code. ``(3) Serious military or civil offense.--The term `serious military or civil offense' means an offense for which-- ``(A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and ``(B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635-200 chapter 14-12. ``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with respect to background investigations have the meaning given such terms under the 2012 Federal Investigative Standards.''. Passed the House of Representatives June 7, 2017. Attest: KAREN L. HAAS, Clerk.

Anti-Border Corruption Reauthorization Act of 2017 (Sec. 2) This bill amends the Anti-Border Corruption Act of 2010 to expand the authority of the U.S. Customs and Border Protection (CBP) to waive the administration of polygraph examinations to civilian and military applicants for law enforcement positions in the CBP. This expanded waiver authority terminates five years after the enactment of this bill. (Sec. 3) An individual who receives such a waiver is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position. Any individual who receives a waiver and holds a current Tier 4 (High Risk Public Trust) background investigation shall be subject to a Tier 5 (Critical Sensitive and Special Sensitive National Security) background investigation. The CBP may administer a polygraph examination to an applicant or employee who receives a waiver if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment. The CBP shall provide Congress information on the number of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered, the result of any such examination, and the final outcome of the application for employment at issue.

Anti-Border Corruption Reauthorization Act of 2017

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Freedom Through Energy Export Act''. (b) References.--Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720 et seq.). SEC. 2. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT. Section 102(2) (15 U.S.C. 720(2)) is amended-- (1) by striking subparagraphs (A) and (B); (2) by inserting ``any of the following projects authorized under the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) or section 103:'' after ``means''; (3) by striking ``any natural gas pipeline system'' and inserting the following: ``(A) Any natural gas pipeline system''; (4) in subparagraph (A) (as so designated) by striking ``that is authorized under--'' and inserting a period at the end; and (5) by adding at the end the following: ``(B) Except with respect to projects described in section 116, any liquified natural gas terminal and any facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Commission).''. SEC. 3. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Section 103 (15 U.S.C. 720a) is amended-- (1) in the heading, by inserting ``or other commission authorization'' after ``necessity''; (2) in subsection (a)-- (A) by striking ``may, in accordance'' and inserting ``may-- ``(1) in accordance''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(2) in accordance with section 3 of the Natural Gas Act (15 U.S.C. 717b), consider and act on an application for authorization for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas other than the Alaska natural gas transportation system.''; (3) in subsection (b)-- (A) in the heading, by inserting ``or Other Authorization'' after ``Certificate''; and (B) in paragraph (1)-- (i) by striking ``shall issue a certificate'' and inserting ``shall issue-- ``(A) a certificate''; (ii) in subparagraph (A) (as so designated), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(B) an authorization for the siting, construction, and operation of an Alaska natural gas transportation project, if the applicant has satisfied the requirements of section 3 of the Natural Gas Act (15 U.S.C. 717b) for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas.''; (4) in subsection (c), by striking ``for the project under section 7(c))'' and all that follows through the period at the end and inserting ``for the projects under-- ``(1) section 3 of the Natural Gas Act (15 U.S.C. 717b); ``(2) section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)); and ``(3) this section.''; and (5) in subsection (g), by striking ``The holder of the certificate'' and inserting ``The holder of a certificate''. SEC. 4. ENVIRONMENTAL REVIEWS. Section 104(a) (15 U.S.C. 720b(a)) is amended by inserting ``under section 7 of the Natural Gas Act (15 U.S.C. 717f) or the issuance of an authorization under section 3 of that Act (15 U.S.C. 717b)'' after ``certificate of public convenience and necessity''. SEC. 5. FEDERAL COORDINATOR. Section 106(c) (15 U.S.C. 720d(c)) is amended-- (1) in paragraph (1), by inserting ``or a pipeline project that carries natural gas from the Alaska North Slope to market south of 68 degrees north latitude'' after ``Alaska natural gas transportation project''; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) to ensure that Federal agencies are fully informed in carrying out an Alaska natural gas transportation project, providing Federal agencies with information about-- ``(A) the Alaska natural gas transportation project; and ``(B) any commercial, technological, or regulatory issues that could affect the project.''. SEC. 6. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES. Section 110(b) (15 U.S.C. 720h(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking ``Any Federal agency'' and inserting the following: ``(1) In general.--Any Federal agency''; and (3) by adding at the end the following: ``(2) Effect.--Nothing in this Act or the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) shall preclude the construction of a gas liquefaction terminal or any other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope.''. SEC. 7. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM. Section 113 (15 U.S.C. 720k) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``gas pipeline system'' and inserting ``natural gas transportation project''; and (B) in subparagraph (B), by striking ``gas pipeline'' and inserting ``natural gas transportation project''; and (2) in subsection (b)(1), by striking ``pipeline system'' and inserting ``transportation project''. SEC. 8. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP. Section 115(1) (15 U.S.C. 720m(1)) is amended by striking ``pipeline'' and inserting ``transportation project''. SEC. 9. LOAN GUARANTEES. Section 116(a)(1) (15 U.S.C. 720n(a)(1)) is amended by inserting ``that includes a pipeline to the border between Alaska and Canada approved pursuant to section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c))'' after ``qualified infrastructure project''. SEC. 10. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO UNITED STATES ALLIES. (a) In General.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Application and Approval Process.-- ``(1) In general.--For purposes.''; (2) in paragraph (1) (as so designated), by striking ``nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas'' and inserting ``foreign country described in paragraph (2)''; and (3) by adding at the end the following: ``(2) Foreign country described.--A foreign country described in this paragraph is-- ``(A) a country with which the United States has in effect a free trade agreement requiring national treatment for trade in natural gas; ``(B) a member country of the North Atlantic Treaty Organization; ``(C) subject to paragraph (3), Japan; and ``(D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. ``(3) Exportation of natural gas to japan.--The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.

Freedom Through Energy Export Act - Amends the Alaska Natural Gas Pipeline Act of 2004 to redefine the Alaska natural gas transportation project to include any liquified natural gas terminal and facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Federal Energy Regulatory Commission [FERC]). Authorizes FERC to consider and act on an application for authorization for a liquefied natural gas terminal and related facilities determined necessary for the export of Alaska natural gas other than the Alaska natural gas transportation system. Directs FERC to issue an authorization for the siting, construction, and operation of an Alaska natural gas transportation project if the applicant has satisfied certain Natural Gas Act requirements for a liquefied natural gas terminal and related facilities necessary or required for the export of Alaska natural gas. Directs FERC, within 60 days after the issuance of a final environmental impact statement under the the National Environmental Policy Act of 1969, to approve or deny, under the expedited approval process, an application for a certificate of public convenience and necessity for projects designated under the Natural Gas Act and this Act. Confers responsibility upon the Federal Coordinator for Alaska Natural Gas Transportation Projects for: (1) coordinating the expeditious discharge of all activities by federal agencies regarding a pipeline project carrying natural gas from the Alaska North Slope to market south of 68 degrees north latitude, and (2) ensuring that federal agencies are fully informed in carrying out an Alaska natural gas transportation project, including about any commercial, technological, or regulatory issues that could affect such project. Declares that neither this Act nor the Alaska Natural Gas Transportation Act of 1976 precludes construction of either a gas liquefaction terminal or other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope. Directs the Secretary of Labor to make grants to the Alaska Workforce Investment Board: (1) to train adult and dislocated workers in Alaska to construct and operate a natural gas transportation project (currently, a gas pipeline system), and (2) for construction of a training facility to support such a project. Expresses the sense of Congress that Alaska Native Regional Corporations, companies owned and operated by Alaskans and individual Alaskans should have the opportunity to own shares of the Alaska natural gas transportation project (currently, gas pipeline system). Authorizes federal loan guarantees for a liquefied natural gas pipeline approved to the border between Alaska and Canada. Amends the Natural Gas Act to deem consistent with the public interest an expedited application and approval process without modification or delay for the exportation of natural gas to a foreign country that is: (1) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas (as under existing law); (2) a member country of the North Atlantic Treaty Organization (NATO); (3) Japan, as long as the Treaty of Mutual Cooperation and Security between the United States and Japan remains in effect; and (4) any other foreign country if the Secretary of State determines that such exportation promotes U.S. national security interests.

Freedom Through Energy Export Act

SECTION 1. PERMANENT INCREASE IN DEPOSIT INSURANCE. (a) Amendments to Federal Deposit Insurance Act.--Section 11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended-- (1) in paragraph (1)(E), by striking ``$100,000'' and inserting ``$250,000''; (2) in paragraph (1)(F)(i), by striking ``2010'' and inserting ``2015''; (3) in subclause (I) of paragraph (1)(F)(i), by striking ``$100,000'' and inserting ``$250,000''; (4) in subclause (II) of paragraph (1)(F)(i), by striking ``the calendar year preceding the date this subparagraph takes effect under the Federal Deposit Insurance Reform Act of 2005'' and inserting ``calendar year 2008''; and (5) in paragraph (3)(A)(iii), by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such paragraph''. (b) Repeal of EESA Provision.--Section 136 of the Emergency Economic Stabilization Act (Public Law 110-343; 122 Stat. 3765) is hereby repealed. (c) Amendment to Federal Credit Union Act.--Section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended-- (1) in paragraph (3)-- (A) by striking the opening quotation mark before ``$250,000''; (B) by striking ``, except that $250,000 shall be substituted for $100,000 wherever such term appears in such section''; and (C) by striking the closing quotation mark after the closing parenthesis; and (2) in paragraph (5), by striking ``$100,000'' and inserting ``$250,000''. SEC. 2. EXTENSION OF RESTORATION PLAN PERIOD. Section 7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(3)(E)(ii)) is amended by striking ``5-year period'' and inserting ``8-year period''. SEC. 3. FDIC BORROWING AUTHORITY. Section 14(a) of the Federal Deposit Insurance Act (12 U.S.C. 1824(a)) is amended-- (1) by striking ``$30,000,000,000'' and inserting ``$100,000,000,000''; and (2) by inserting prior to the last sentence, the following new sentence: ``The Corporation may request in writing to borrow, and the Secretary may authorize and approve the borrowing of, additional amounts above $100,000,000,000 to the extent that the Board of Directors and the Secretary determine such borrowing to be necessary.''. SEC. 4. FDIC SYSTEMIC RISK SPECIAL ASSESSMENTS. Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(4)(G)(ii)) is amended to read as follows: ``(ii) Repayment of loss.-- ``(I) In general.--The Corporation shall recover the loss to the Deposit Insurance Fund arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) from 1 or more special assessments on insured depository institutions, depository institution holding companies (with the concurrence of the Secretary of the Treasury with respect to holding companies), or both, as the Corporation determines to be appropriate. ``(II) Treatment of depository institution holding companies.--For purposes of this clause, sections 7(c)(2) and 18(h) shall apply to depository institution holding companies as if they were insured depository institutions. ``(III) Regulations.--The Corporation shall prescribe such regulations as it deems necessary to implement this clause. In prescribing such regulations, defining terms, and setting the appropriate assessment rate or rates, the Corporation shall consider: the types of entities that benefit from any action taken or assistance provided under this subparagraph; economic conditions; the effects on the industry; and such other factors as the Corporation deems appropriate.''. SEC. 5. CHANGES TO HOPE FOR HOMEOWNERS PROGRAM. Section 257 of the National Housing Act (12 U.S.C. 1715z-23) is amended-- (1) in subsection (e)-- (A) in paragraph (1), by striking subparagraph (B); (B) in paragraph (2)(B), by striking ``90 percent'' and inserting ``93 percent''; (C) by striking paragraph (7); and (D) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (7), (8), (9), and (10), respectively; (2) in subsection (h)(2), by striking ``, or in any case in which a mortgagor fails to make the first payment on a refinanced eligible mortgage''; (3) by striking subsection (i) and inserting the following new subsection: ``(i) Annual Premiums.-- ``(1) In general.--For each refinanced eligible mortgage insured under this section, the Secretary shall establish and collect an annual premium in an amount equal to not less than 0.55 percent of the amount of the remaining insured principal balance of the mortgage and not more than 0.75 percent of such remaining insured principal balance, as determined according to a schedule established by the Board that assigns such annual premiums based upon the credit risk of the mortgage. ``(2) Reduction or termination during mortgage term.-- Notwithstanding paragraph (1), the Secretary may provide that the annual premiums charged for refinanced eligible mortgages insured under this section are reduced over the term of the mortgage or that the collection of such premiums is discontinued at some time during the term of the mortgage, in a manner that is consistent with policies for such reduction or discontinuation of annual premiums charged for mortgages in accordance with section 203(c).''; (4) in subsection (k)-- (A) by striking the subsection heading and inserting ``Exit Fee''; (B) in paragraph (1), in the matter preceding subparagraph (A), by striking ``such sale or refinancing'' and inserting ``the mortgage being insured under this section''; and (C) by striking paragraph (2); (5) in subsection (s)(3)(A)(ii), by striking ``subsection (e)(1)(B) and such other'' and inserting ``such''; (6) in subsection (v), by inserting after the period at the end the following: ``The Board shall conform documents, forms, and procedures for mortgages insured under this section to those in place for mortgages insured under section 203(b) to the maximum extent possible consistent with the requirements of this section.''; (7) in subsection (w)(1)(C), by striking ``(e)(4)(A)'' and inserting ``(e)(3)(A)''; and (8) by adding at the end the following new subsection: ``(x) Payment to Existing Loan Servicer.--The Board may establish a payment to the servicer of the existing senior mortgage for every loan insured under the HOPE for Homeowners Program.''. SEC. 6. SERVICER SAFE HARBOR. (a) Safe Harbor.-- (1) Loan modifications and workout plans.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer that acts consistent with the duty set forth in section 129A(a) of Truth in Lending Act (15 U.S.C. 1639a) shall not be liable for entering into a loan modification or workout plan with respect to any such mortgage that meets all of the criteria set forth in paragraph (2)(B) to-- (A) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (B) any person who is obligated to make payments determined in reference to any loan or any interest referred to in subparagraph (A); or (C) any person that insures any loan or any interest referred to in subparagraph (A) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (2) Ability to modify mortgages.-- (A) Ability.--Notwithstanding any other provision of law, and notwithstanding any investment contract between a servicer and a securitization vehicle or investor, a servicer-- (i) shall not be limited in the ability to modify mortgages, the number of mortgages that can be modified, the frequency of loan modifications, or the range of permissible modifications; and (ii) shall not be obligated to repurchase loans from or otherwise make payments to the securitization vehicle on account of a modification, workout, or other loss mitigation plan for a residential mortgage or a class of residential mortgages that constitute a part or all of the mortgages in the securitization vehicle, if any mortgage so modified meets all of the criteria set forth in subparagraph (B). (B) Criteria.--The criteria under this subparagraph with respect to a mortgage are as follows: (i) Default on the payment of such mortgage has occurred or is reasonably foreseeable. (ii) The property securing such mortgage is occupied by the mortgagor of such mortgage. (iii) The servicer reasonably and in good faith believes that the anticipated recovery on the principal outstanding obligation of the mortgage under the particular modification or workout plan or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation of the mortgage to be realized through foreclosure. (3) Applicability.--This subsection shall apply only with respect to modifications, workouts, and other loss mitigation plans initiated before January 1, 2012. (b) Reporting.--Each servicer that engages in loan modifications or workout plans subject to the safe harbor in subsection (a) shall report to the Secretary on a regular basis regarding the extent, scope and results of the servicer's modification activities. The Secretary shall prescribe regulations specifying the form, content, and timing of such reports. (c) Definition of Securitization Vehicles.--For purposes of this section, the term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such mortgages. SEC. 7. AVAILABILITY OF TARP FUNDS TO SMALLER COMMUNITY INSTITUTIONS. (a) Prompt Action.--The Secretary shall promptly take all necessary actions to provide assistance under title I of the Emergency Economic Stabilization Act of 2008 to smaller community financial institutions, including such institutions that are privately held. (b) Comparable Terms.--An institution that receives assistance after the date of the enactment of the this Act, shall do so on terms comparable to the terms applicable to institutions that received assistance prior to the date of the enactment of this Act if the institution-- (1) has submitted an application on which no action has been taken, such as institutions that are C corporations (including privately held institutions) and community development financial institutions; or (2) is of a type for which the Secretary has not yet established an application deadline or for which any such deadline has not yet occurred as of the date of the enactment of this Act, such as institutions that are non-stock corporations, S-corporations, mutually owned insured depository institutions (as defined in section 3 of the Federal Deposit Insurance Act). (c) Definitions.--For purposes of this section, the terms ``S Corporation'' and ``C Corporation'' shall have the same meaning given to those terms in section 1361(a) of the Internal Revenue Code of 1986.

Amends the Federal Deposit Insurance Act and the Emergency Economic Stabilization Act of 2008 (EESA) to make permanent the increase in the standard maximum deposit insurance amount from $100,000 to $250,000. Extends from five years to eight years after implementation of a Deposit Insurance Fund (DIF) restoration plan the deadline by which the DIF reserve ratio must meet or exceed the required minimum of 1.15% of estimated insured deposits. Increases the borrowing authority of the Federal Deposit Insurance Corporation (FDIC) from a maximum $30 billion to $100 billion. Extends to depository institution holding companies liability for special assessments to recover loss to the DIF arising from certain actions taken or assistance provided to avoid serious adverse effects on economic conditions or financial stability. Amends the National Housing Act to revise certain requirements for the HOPE for Homeowners Program. Repeals the requirement that the current borrower have, or is likely to have, a mortgage debt-to-income ratio greater than 31% (or any higher amount the Federal Home Loan Bank Board determines appropriate). Increases from 90% to 93% of a property's appraised value the cap on the principal obligation amount of a refinanced eligible insured mortgage. Repeals the prohibitions on: (1) second liens; and (2) payment of insurance benefits to a mortgagee in any case in which a mortgagor fails to make the first payment on a refinanced eligible mortgage. Reduces the annual premium for a refinanced eligible insured mortgage, and allows its further reduction or termination during the mortgage term. Repeals the entitlement of the Secretary of Housing and Urban Development and the mortgagor of an eligible insured mortgage, upon any sale or disposition of the subject property, to 50% of any appreciation in the property's appraised value since the date that the mortgage was insured. Authorizes the Federal Home Loan Bank Board to establish a payment to the servicer of the existing senior mortgage for every loan insured under the HOPE for Homeowners Program. Prescribes requirements (safe harbor) that will render a mortgage servicer not liable for entering into a loan modification or workout plan with respect to any mortgage on which: (1) default has occurred or is reasonably foreseeable; (2) the property securing it is occupied by the mortgagor; and (3) the servicer reasonably and in good faith believes that the anticipated recovery on the mortgage's principal outstanding obligation under a particular mortgage modification, workout plan, or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation to be realized through foreclosure. Requires the Secretary of the Treasury to take prompt action to provide EESA Troubled Asset Relief Program (TARP) assistance to smaller community financial institutions, including privately held institutions.

To promote bank liquidity and lending through deposit insurance, the HOPE for Homeowners Program, and other enhancements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Republic of Georgia Democracy Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A democratic and stable Republic of Georgia is in the political, security, and economic interests of the United States. (2) Georgia plays a key role in the security of the Black Sea and South Caucasus region, which is important for Euro- Atlantic security, transportation, and energy diversification to and from the Caspian Sea. (3) Georgia has been a reliable partner and ally in enhancing global peace and stability with its significant contribution to operations in Iraq and Afghanistan. (4) The United States-Georgia Charter on Strategic Partnership, signed in January 2009, outlines the importance of the bilateral relationship as well as the intent of both countries to expand democracy and economic programs, enhance defense and security cooperation, further trade and energy cooperation, and build people-to-people cultural exchanges. (5) Georgia's democratic nature is one of its core strengths and the basis for the deep friendship between Georgia and the United States. As such, continued democratic reform, the strength of Georgia's democratic institutions, and regular free, fair, and competitive elections are key priorities for a strong continuing relationship between the United States and Georgia. (6) Democracy in Georgia is facing serious challenges and political freedom and fair competition between political parties is under assault. For example, the government has increased detaining members of the political opposition and civil society nongovernmental organizations (NGOs), limited freedom of the press, undermined the right of workers to organize and bargain collectively, and stopped opposition groups from holding demonstrations--often by violent means. (7) According to the Department of State's 2010 Human Rights Report on Georgia, when President Mikheil Saakashvili was re-elected to the Presidency in 2008, ``the OSCE identified significant problems, including widespread allegations of intimidation and pressure, flawed vote-counting and tabulation processes, and shortcomings in the complaints and appeals process. These and other problems continued into the parliamentary elections in May 2008, which international observers concluded were uneven and incomplete in their adherence to international standards.''. (8) On February 13, 2012, United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Maina Kiai concluded at the end of his visit to Georgia that the previous positive trajectory of the country was being replaced with a ``widespread climate of fear, intimidation and arbitrary restrictions of fundamental freedoms.'' He identified multiple problems, including with the way in which the government undermined political parties and NGOs, such as prosecuting and detaining political activists with little to no evidence. Furthermore, he noted, ``there have been long standing concerns--by regional bodies and the UN--about the inability to distinguish between the ruling party and the state, which is especially relevant in light of the upcoming parliamentary and presidential elections.''. (9) Georgia will hold parliamentary elections in October 2012. In the run-up to the election, Georgian President Mikheil Saakashvili and the Georgian Parliament enacted constitutional changes that reduce the power of the president and increase the power of the prime minister. (10) Georgian President Mikheil Saakashvili's presidential term ends in 2013 and it has been reported that he plans to assume the role of Prime Minister if his political party, United National Movement (UNM), wins the majority of the seats in the Parliament, which it currently has. (11) Bidzina Ivanishvili, a Georgian businessman who has never served in the Georgian Government, launched a new political party called Georgian Dream, on October 5, 2011, in an effort to unify the Georgian opposition parties and challenge Saakashvili's increasingly dictatorial control over Georgia's government. (12) In response to the creation of Georgian Dream, Mikheil Saakashvili's regime stripped Bidzina Ivanishvili of his citizenship despite the fact that Mikheil Saakashvili granted Ivanishvili's citizenship in the first place, Ivanishvili was born in Georgia, and there is no legal basis for his citizenship to be revoked. (13) Since the launch of Georgian Dream, the Saakashvili regime has launched a concerted, aggressive campaign to undermine Georgian Dream's ability to compete against Saakashvili's party in the Parliamentary elections. For example, the Georgian Government has fired those employees, especially teachers, who support Ivanishvili or other opposition parties. (14) The Georgian Government has increased harassment and detention of the supporters of Ivanishvili, Georgian Dream and other opposition parties, often through violent means, without due process. Hundreds of opposition supporters have been detained in March 2012 as part of a concerted effort to intimidate voters and opposition campaigners. (15) On February 27, 2011, Solomon Kimeridze, an Ivanishvili supporter, died under suspicious circumstances while in police custody. (16) On May 26, 2011, Georgian security officials killed two protesters while using violent means to break-up a peaceful protest. An investigation into this incident has been requested by United States Ambassador Robert Bass, the United Nations High Commissioner for Human Rights, the European Commission, Human Rights Watch, and Amnesty International. (17) On December 28, 2011, the Georgian Parliament passed new election laws that will limit opposition parties' access to funds. The OSCE and the U.S. State Department criticized this law for both its substance and the abnormal way in which it was enacted by the Saakashvili-controlled parliament. Furthermore, the Chamber of Control, the state audit agency that is controlled by Saakashvili, created a new division specifically focused on investigating Georgian Dream and Bidzina Ivanishvili and blocking Ivanishvili's financial support for opposition candidates and party building. (18) United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Maina Kiai concluded that these changes to the election law ``appear to affect the rights to association and to peaceful assembly . . . these amendments, which at times use ambiguous language, are fuelling an overall climate of distrust, and appear to largely violate international human rights law.''. (19) The Saakashvili regime has warped the Georgian banking sector, previously a model of post-Soviet success and transparency, in an effort to destroy Bank Cartu, a bank owned by Bidzina Ivanishvili. Based on a law passed at the end of October 2011 after Ivanishvili announced the creation of Georgian Dream, the Georgian Government seized over millions of dollars in bank assets. The American Chamber of Commerce criticized this new law, predicted that it would undermine a model banking system that has been built with the support of the United States Government, IMF, and World Bank. The Georgian Government has only applied this new law, which gives the Government the right to seize loan collateral before the banks that issued the loan, to Bank Cartu and no other banks. As a result, the Saakashvili regime continues to seize Bank Cartu assets in an effort to force the bank out of business and remove a source of Ivanishvili's financial support. (20) United States national security interests are best served by a democratic Georgia no matter what individuals and which parties are in control of the country. An undemocratic Georgia will breed instability in a volatile region and increase the likelihood of violent conflict. As such, it is incumbent on the United States Government to clearly communicate to President Saakashvili that if he continues down his current path and does not allow free, fair, and competitive elections, the special relationship between the United States and Georgia will be at risk and Georgia will face the loss of both United States political support and financial assistance. SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF GEORGIA. (a) Limitation.--No funds available to any United States department or agency for fiscal year 2013 may be used to provide assistance to the Republic of Georgia until the Secretary of State certifies and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the parliamentary elections held in October 2012 or such other date if rescheduled were carried out in a free, fair, and competitive manner consistent with international standards. (b) Matters To Be Included.--The report required under subsection (a) shall include information on-- (1) the presence and findings of election observers; (2) the ability of opposition parties to campaign effectively; and (3) whether Bidzina Ivanishvili and the Georgian Dream Party participated in the election, and, if not, the reason for their absence.

Republic of Georgia Democracy Act of 2012 - Prohibits FY2013 funds for any U.S. department or agency from being used to provide assistance to the Republic of Georgia until the Secretary of State reports to Congress that the parliamentary elections (held in October 2012 or such other date if rescheduled) were carried out in a free and competitive manner consistent with international standards. Requires such report to include information on: (1) the presence and findings of election observers; (2) the ability of opposition parties to campaign effectively; and (3) whether Bidzina Ivanishvili and the Georgian Dream Party participated in the election, and, if not, the reason for their absence.

To ensure free, fair, and competitive elections in the Republic of Georgia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Student Success Act''. SEC. 2. STUDENT SUCCESS GRANTS. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by adding at the end the following: ``Subpart 9--Student Success Grants ``SEC. 420K. STUDENT SUCCESS GRANTS. ``(a) Authorization of Pilot Program.--The Secretary is authorized to award grants on a competitive basis, subject to the availability of appropriations, to eligible institutions for the purposes of helping low-income students succeed in persisting in and completing postsecondary education and training programs. ``(b) Definitions.-- ``(1) Eligible institution.--In this section, the term `eligible institution' means an institution of higher education (as defined in section 101(a)) in which, during the three-year period preceding the year in which the institution is applying for a grant under this section, an average of not less than 50 percent of the institution's entering first-year students are enrolled in developmental courses to bring reading, writing, or mathematics skills up to college-level. ``(2) Eligible student.--In this section, the term `eligible student' means a student who-- ``(A) is eligible to receive assistance under section 401; ``(B) is a first-year student at the time of entering the pilot; and ``(C) is selected by an eligible institution to participate in the pilot. ``(c) Application.--An eligible institution seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Grant Amounts.-- ``(1) Institutional grants.--For a given year, each institution selected to participate in this pilot program shall receive an amount equal to the amount of a Student Success Grant multiplied by the number of students the institution selects to participate in the pilot program in such year. An institution shall not select more than 200 students to participate in the pilot program under this section during any academic year. ``(2) Grants to students.--The amount of a Student Success Grant provided to an eligible institution on behalf of an eligible student under this section shall be $1,500 per student for each award year. ``(e) Priority for Replication of Evidence-Based Policies and Practices.--The Secretary shall give priority to applications submitted by eligible institutions that propose to replicate policies and practices that have proven effective in increasing persistence and completion by low-income students or students in need of developmental education. ``(f) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. Members of the peer review committee shall be a mix of researchers and practitioners who are recognized experts on services and policies to increase low income student success in postsecondary education and training. No member of the committee shall be in a position to benefit financially from the grants to eligible institutions under subsection (d)(1). ``(g) Mandatory Uses.--An eligible institution that receives a grant under this section shall use the grant funds to assign a Student Success Coach to every first-year student participating in the pilot to provide intensive career and academic advising, ongoing personal help in navigating college services such as financial aid and registration, and assistance in connecting to community resources that can help students overcome family and personal challenges to success. Student Success Coaches-- ``(1) shall work with not more than 50 new students during any academic period; ``(2) may be employees of academic departments, student services offices, community-based organizations, or other entities as deemed appropriate by the institution; and ``(3) shall meet with each eligible student selected for the pilot before registration for courses. ``(h) Permissible Uses.--An eligible institution that receives a grant under this section may use the grant funds to provide services and program innovations for students participating in the pilot, including the following: ``(1) College and career success courses, with tuition and fees for the course covered by the Student Success Grant. These courses should cover college success topics, such as how to take notes, how to study, how to take tests, and how to budget time, and should also include a substantial career exploration component. Institutions are encouraged to use such courses to help students develop a College and Career Success Plan so that by the end of the first semester the students have a clear sense of their career goals and what classes to take to achieve such goals. ``(2) Work-study jobs with private employers in the students' fields of study. ``(3) Learning communities that ensure that students participating in the pilot are clustered together for at least two courses beginning in the first semester after enrolling and have other opportunities to create and maintain bonds that allow them to provide academic and social support to each other. ``(4) Curricular redesign, which may include such innovations as `blended' or accelerated remediation classes that help Student Success Grant recipients to attain college- level reading, writing, math skills (or a combination thereof) more rapidly than traditional remediation formats allow, and intensive skills refresher classes, offered prior to each semester, to help students who have tested into remedial coursework to reach entry level assessment scores for the postsecondary programs they wish to enter. ``(5) Instructional support, such as learning labs, supplemental instruction, and tutoring. ``(6) Assistance with support services, such as child care and transportation. ``(i) Grant Period; Additional Technical Assistance.-- ``(1) Grant period.--Grants made under this section shall be for a period of not less than 60 months. ``(2) Additional technical assistance.--After 36 months, the Secretary shall review the performance of the Student Success Grant pilot students at each institution, and if no significant improvements have been made by Student Success Grant pilot students in persistence and completion at an institution, then the Secretary shall provide additional technical assistance to help the institution improve outcomes. ``(j) Required Non-Federal Share.-- ``(1) In general.--Each institution participating in the pilot program under this section shall provide a non-Federal match of 25 percent of the grant. The non-Federal share under this section may be provided in cash or in kind. ``(2) Effect on need analysis.--For the purpose of calculating a student's need in accordance with part F of this title, services or benefits under this section shall not be considered an asset or income. ``(k) Technical Assistance.--The Secretary shall enter into contracts with private entities to provide such technical assistance to grantees under this section as the Secretary determines appropriate. ``(l) Evaluation.-- ``(1) Outcome evaluations.--The Secretary shall conduct an evaluation of program outcomes under the pilot program, and shall disseminate to the public the findings from the evaluation and information on best practices. The Secretary is encouraged to partner with other providers of funds, such as private foundations, to allow for use of an experimental or quasi-experimental evaluation in at least one of the pilot sites. ``(2) Institutional participation.--As a condition of receiving grants under this section, participating institutions shall work with the evaluator to track persistence and completion outcomes for students in the pilot program, specifically the proportion of these students who take and complete developmental education courses, the proportion who take and complete college-level coursework, and the proportion who complete certificates and degrees. This data shall be broken down by race, ethnicity, and age and the evaluator shall assist institutions in analyzing this data to compare Student Success Grant pilot participants to comparable nonparticipants, using statistical techniques to control for differences in the groups. ``(3) Annual reports.--Participating institutions shall report on the data specified in paragraph (2) annually and the Secretary shall make this data publicly available. ``(m) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $35,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2012, of which not more than $5,000,000 may be used to carry out subsections (k) and (l).''.

College Student Success Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to establish a pilot program awarding competitive, matching, Student Success grants to institutions of higher education in which, during the preceding three-year period, an average of at least 50% of entering first-year students were enrolled in developmental courses to bring their reading, writing, or mathematics skills up to college-level. Requires the grants to be used to help Pell grant eligible students persevere in postsecondary education, beginning from their first year of study. Requires such help to include the assignment of a Student Success Coach to every student participant to provide intensive career and academic advising, ongoing personal help in navigating college services, and assistance in connecting to community resources that can help students overcome family and personal challenges to success. Gives grant priority to schools proposing to replicate policies and practices that have proven effective in increasing persistence and completion by low-income students or students in need of developmental education. Provides that the size of each grant shall be based on the number of a grantee's student participants; but limits each school to no more than 200 participants each academic year. Directs the Secretary to provide technical assistance to grantees who, after three years, are not significantly improving their student participants' perseverance in their studies.

To provide grants to universities and colleges for the development of student success services that will improve college persistence and prepare students for the workplace.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties'' or the ``AMPLE Oil and Gas Royalties Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Some of the mineral resources owned by the Federal Government on behalf of United States taxpayers are being developed inefficiently, costing taxpayers millions of dollars in lost royalties, especially with respect to vented, flared, and leaked natural gas. The Government Accountability Office estimates that approximately 40 percent of natural gas could be economically captured from Federal onshore leases, which would increase Federal royalty payments by approximately $23,000,000 and reduce greenhouse gas emissions equivalent to up to 16.5 million metric tons of carbon dioxide, which is equivalent to annual emissions from 3.1 million cars. (2) Significant emissions of natural gas are associated with oil and gas production and transportation, including oil and gas produced on Federal lands. According to a University of Maryland study, these emissions can negatively impact air quality hundreds of miles away. (3) Methane has a much greater impact on climate change than carbon dioxide, and the methane emissions from oil and gas production can greatly diminish the benefit of using natural gas to help reduce the carbon intensity of the United States fuel mix. (4) Available control technologies exist to economically capture a considerable amount of natural gas and resulting in taxpayers being delivered the royalties they deserve. (5) Requiring royalty payments on natural gas that is currently flared, vented, unavoidably lost, and used for beneficial purposes will lead to more efficient use of Federal resources, reduce greenhouse gas emissions, and increase royalty payments to the Federal Government. SEC. 3. VOLUME ALLOCATION OF OIL AND GAS PRODUCTION. (a) In General.--Section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721(k)) is amended to read as follows: ``(k) Volume Allocation of Oil and Gas Production.-- ``(1) In general.--Except as otherwise provided by this subsection-- ``(A) a lessee or its designee of a lease in a unit or communitization agreement that contains only Federal leases with the same royalty rate and funds distribution shall report and pay royalties on oil and gas production for each production month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee; ``(B) a lessee or its designee of a lease in any other unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the volume of oil and gas produced from such agreement and allocated to the lease in accordance with the terms of the agreement; and ``(C) a lessee or its designee of a lease that is not contained in a unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. ``(2) Definition.--In this subsection the term `oil and gas withdrawn from the reservoir' means any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production.''. (b) Conforming Amendments.--The Mineral Leasing Act is amended-- (1) in section 17(b)(1)(A) (30 U.S.C. 226(b)(1)(A)), by striking ``the production removed or sold from the lease'' and inserting ``oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982''; (2) in section 17(c)(1) (30 U.S.C. 226(c)(1)), by striking ``the production removed or sold from the lease'' and inserting ``oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982''; (3) in section 31(e)(3) (30 U.S.C. 188(e)(3))-- (A) in subparagraph (A), by striking ``production per well per day'' and inserting ``oil and gas withdrawn from the reservoir per well per day in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982''; and (B) in subparagraph (B), by striking ``all production removed or sold from such lease'' and inserting ``all oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982''; and (4) in section 31(f)(4) (30 U.S.C. 188(f)(4)), by striking ``production removed or sold from the oil placer mining claim'' and inserting ``oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982''. (c) Application.--This section, including the amendments made by this section, shall not apply with respect to any lease issued before the date of the enactment of this Act.

Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties or the AMPLE Oil and Gas Royalties Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to require, with respect to federal oil and gas leases, a lessee or its designee of a lease in a unit or communitization agreement that contains only federal leases with the same royalty rate and funds distribution, or a lessee or its designee of a lease that is not contained in a unit or communitization agreement, to report and pay royalties on oil and gas production each month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. (Currently, such lessees pay royalties on oil and gas production based on only the actual volume of production sold by or on behalf of that lessee.) "Oil and gas withdrawn from the reservoir" is defined as any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production.

AMPLE Oil and Gas Royalties Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diesel Emissions Reduction Act of 2010''. SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. (a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(C) a for-profit or nonprofit entity that has the capacity-- ``(i) to sell diesel vehicles or equipment to, and arrange financing for, individuals or entities that own or operate diesel fleets; or ``(ii) to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies; and ``(D) any private individual or entity that-- ``(i) is the owner of record of a diesel vehicle or fleet; and ``(ii) acts-- ``(I) pursuant to a contract, license, or lease with-- ``(aa) a Federal department or agency; or ``(bb) an entity described in subparagraph (A); and ``(II) in accordance with such timely and appropriate requirements for notice and approval as the Administrator may establish for the use of vehicles to be purchased or retrofit using a grant, rebate, or loan under this subtitle.''; (2) in paragraph (4), by inserting ``currently or previously,'' after ``that is not''; (3) by striking paragraph (9); (4) by redesignating paragraph (8) as paragraph (9); (5) in paragraph (9) (as so redesignated), in the matter preceding subparagraph (A), by striking ``, advanced truckstop electrification system,''; and (6) by inserting after paragraph (7) the following: ``(8) State.--The term `State' includes-- ``(A) the District of Columbia; and ``(B) the Commonwealth of Puerto Rico.''. (b) National Grant, Rebate, and Loan Programs.--Section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities'' and inserting ``to provide grants, contracts, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities described in subparagraph (A), (B), or (D) of section 791(3), or to enter into contracts with eligible entities described in subparagraph (C) of that section,''; and (B) in paragraph (1), by striking ``tons of''; (3) in subsection (b)-- (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``90'' and inserting ``95''; and (ii) in subparagraph (B)(ii), by striking ``application under subsection (c)'' and inserting ``verification application''; (4) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by striking paragraph (1) and inserting the following: ``(1) Expedited process.-- ``(A) In general.--The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds. ``(B) Requirements.--In developing the expedited process under subparagraph (A), the Administrator-- ``(i) shall take into consideration the special circumstances affecting small fleet owners; and ``(ii) to avoid duplicative procedures, may require applicants to include in an application under this section competitive bids for equipment and installation. ``(2) Eligibility.-- ``(A) Grants.--To be eligible to receive a grant under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(B) Rebates.--To be eligible to receive a rebate under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit to the Administrator an application in accordance with such guidance as the Administrator may establish. ``(C) Low-cost loans.--To be eligible to receive a loan under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit an application to-- ``(i) the Administrator; or ``(ii) an eligible entity described in section 791(3)(C) with which the Administrator has entered into a contract for the purpose of administering loans under this subtitle.''; and (C) in paragraph (4) (as redesignated by subparagraph (A))-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``, rebate,'' after ``grant''; and (II) by inserting ``highest'' after ``shall give''; (ii) in subparagraph (C)(iii)-- (I) by striking ``a diesel fleets'' and inserting ``diesel fleets''; and (II) by inserting ``construction sites, schools,'' after ``terminals,''; (iii) in subparagraph (D), by adding ``and'' at the end; (iv) in subparagraph (E), by striking the semicolon at the end and inserting a period; and (v) by striking subparagraphs (F) and (G); (5) in subsection (d)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``, rebate,'' after ``grant''; and (B) in paragraph (2)(A)-- (i) by inserting ``, rebate,'' after ``grant''; and (ii) by striking ``, State or local''; and (6) by adding at the end the following: ``(e) Public Notification.--The Administrator shall publish on the website of the Environmental Protection Agency a description of each application for which a grant or loan is provided under this section by not later than 60 days after the date of award of the grant or loan.''. (c) State Grant, Rebate, and Loan Programs.--Section 793 of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a), by inserting ``, rebate,'' after ``grant''; (3) in subsection (b)(1), by inserting ``, rebate,'' after ``grant''; (4) subsection (c)(2)(B), in the matter preceding clause (i), by striking ``qualifies'' and inserting ``qualify''; and (5) in subsection (d)-- (A) in paragraph (1), by inserting ``, rebate,'' after ``grant''; (B) in paragraph (2), by inserting ``, rebates,'' after ``grants''; (C) in paragraph (3), in the matter preceding subparagraph (A), by striking ``grant or loan provided under this section may be used'' and inserting ``grant, rebate, or loan provided under this section shall be used''; and (D) by adding at the end the following: ``(4) Priority.--In providing grants, rebates, and loans under this section, a State shall give priority to projects that meet the criteria described in section 792(c)(4). ``(5) Public notification.--Each State shall publish on the website of the State a description of each application for which a grant, rebate, or loan is provided under this section by not later than 60 days after the date of award of the grant, rebate, or loan.''. (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is amended in each of paragraphs (2) through (5) by inserting ``, rebate,'' after ``grant'' each place it appears. (e) Authorization of Appropriations.--Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows: ``SEC. 797. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle $200,000,000 for each of fiscal years 2012 through 2016, to remain available until expended. ``(b) Management and Oversight.--The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.''.

Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for FY2012-FY2016 a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide contracts and rebates to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve such reductions. Includes among entities eligible to receive funding for reducing diesel emissions: (1) an entity that has the capacity to sell diesel vehicles or equipment to, and arrange financing for, individuals or entities that own or operate diesel fleets or to upgrade diesel vehicles or equipment with verified or EPA-certified engines or technologies; and (2) any private individual or entity that is the owner of record of a diesel vehicle or fleet and that acts pursuant to a contract, license, or lease with a federal, regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality and in accordance with requirements for notice and approval as the Administrator of the EPA establish for the use of vehicles to be purchased or retrofitted using a grant, rebate, or loan under such Act. Includes Puerto Rico within the meaning of "state" under such Act. Revises provisions concerning the distribution and use of, and applications for, funds. Requires the Administrator to develop a simplified application process for applicants to expedite the provision of funds. Requires the Administrator and each state to publish on its website a description of each application for which a grant or loan is provided.

A bill to amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green-Collar Youth Jobs, Education, and Training Stimulus Act''. SEC. 2. FINDING. Congress finds that there is a serious and growing need for employment opportunities for economically disadvantaged youth (including young adults), as demonstrated by statistics from the Bureau of Labor Statistics stating that, in December 2008-- (1) the unemployment rate increased to 7.2 percent, as compared to 4.9 percent in December 2007; (2) the unemployment rate for 16- to 19-year-olds rose to 20.8 percent, as compared to 16.9 percent in December 2007; and (3) the unemployment rate for African-American 16- to 19- year-olds increased to 33.7 percent, as compared to 28 percent in December 2007. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to increase knowledge of the importance of building a green economy; (2) to increase energy efficiency and renewable energy usage; (3) to strengthen the protection of the environment; (4) to decrease carbon emissions; and (5) to increase the number of well-trained youth workers who can obtain well-paying jobs in a range of green-collar industries and other viable industries. SEC. 4. DEFINITIONS. In this Act: (1) Green-collar industries.--In this section, the term ``green-collar industries'' means industries throughout the economy of the United States-- (A) that promote energy efficiency, energy conservation, and environmental protection, including promoting renewable energy and clean technology; (B) that offer jobs with substantial pay and benefits; and (C) that are industries in which there is likely to be continued demand for workers. (2) Local board, low-income individual, secretary.--The terms ``local board'', ``low-income individual'', and ``Secretary'' have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an industry skills training program at the postsecondary level that combines technical and theoretical training through structured on-the- job learning with related instruction (in a classroom or through distance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and earning incremental wage increases aligned to enhanced job proficiency, resulting in the acquisition of a nationally recognized and portable certificate, under a plan approved by the Office of Apprenticeship or a State agency recognized by the Department of Labor. SEC. 5. GREEN JOB CORPS PROGRAM. (a) Purposes.--The purposes of this section are-- (1) to encourage youth participating in the Job Corps to become informed energy- and environmentally-conscious consumers; (2) to enable the youth to acquire and expand skills related to green-collar industries; and (3) to address Job Corps construction needs and energy costs and to make Job Corps centers more energy efficient, including retrofitting facilities and restoring campuses. (b) Definitions.--In this section, the terms ``enrollee'', ``graduate'', and ``Job Corps Center'' have the meanings given the terms in section 142 of the Workforce Investment Act of 1998 (29 U.S.C. 2882). (c) General Authority.--The Secretary is authorized to reserve not more than $500,000,000 of the funds appropriated under this Act to provide work experiences and training described in subsection (d) in green-collar industries. The Secretary shall provide the work experiences and training, in conjunction with activities described in section 148 of the Workforce Investment Act of 1998 (29 U.S.C. 2888), under subtitle C of title I of such Act (29 U.S.C. 2881 et seq.) (except that subsections (c) and (d) of section 159 of such Act (29 U.S.C. 2899) shall not apply to such experiences and training). (d) Use of Funds.-- (1) Skill development program activities.--The Secretary shall expand Job Corps skill development program activities by updating occupational training programs (including making changes in curriculum and equipment), including development of necessary academic skills in green-collar industries (including construction, facilities maintenance, and advanced manufacturing). (2) Paid work opportunities.--As part of Job Corps career training, the Secretary shall provide paid work opportunities, in green-collar industries, primarily located at Job Corps centers, in order to address Job Corps construction needs and make those centers more energy efficient, including retrofitting facilities and restoring campuses. In carrying out this paragraph, the Secretary shall give priority to projects that help conserve, develop, or manage public natural resources or public recreational areas, or support the public interest. (3) Consumer and leadership activities.--As part of the Job Corps life skills program, the Secretary shall offer consumer and leadership activities, to create a corps of intelligent and informed energy- and environmentally-conscious consumers, including activities that educate Job Corps members about how they can contribute to minimize the effects of climate change and become future leaders in their local communities who preserve and strengthen energy- and environmentally-conscious practices. (e) Report to Congress.-- (1) Indicator.--For purposes of the Green Job Corps program carried out under this section, the indicators of performance shall be-- (A) entry of graduates who participated in work experiences described in subsection (d)(2) into unsubsidized employment in a green-collar industry; (B) average wages received by such graduates upon entry into such employment; and (C) number of such graduates who obtain an occupational or education-related credential. (2) Assessment.--The Secretary shall prepare an assessment of the Green Job Corps program that-- (A) describes the use of funds made available under this section to carry out the program and the progress achieved through that program; and (B) provides information on the performance of the program on the indicators of performance. (3) Report.--The Secretary shall include the assessment described in paragraph (2) in the corresponding annual report described in subsection (c) of section 159 of such Act (29 U.S.C. 2899), in lieu of submitting any of the information described in subsection (c) or (d) of that section 159 with respect to the Green Job Corps program. SEC. 6. YOUTHBUILD BUILD GREEN GRANTS. (a) General Authority.--The Secretary is authorized to reserve $300,000,000 of the funds appropriated under this Act to provide to eligible youth education, work experiences (including service), and training, in green-collar industries, especially concerning the weatherization and energy retrofitting of homes of low-income individuals. The Secretary shall provide the services described in this subsection in conjunction with activities described in section 173A(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2918a(c)), under the YouthBuild program set forth in section 173A of such Act (29 U.S.C. 2918a) (except that paragraphs (3), (4), and (5) of subsection (c), and subsection (d), of such section shall not apply to such services). (b) Grants.--The Secretary is authorized to award from the reserved funds, on a competitive basis, YouthBuild Build Green grants to entities that are recipients of YouthBuild grants under section 173A of such Act. (c) Application.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to entities who-- (1) demonstrate the ability to leverage additional resources, which may include materials, personnel, and supplies, from other public and private sources; and (2) demonstrate the ability to build a foundation of public-private partnerships in a green-collar industry, related to construction, for future projects carried out by the entities. (e) Eligible Youth.--To be eligible to participate in the program carried out under this section, a youth shall meet the requirements of section 173A(e)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918a(e)(1)). (f) Use of Funds.-- (1) Skills development and training.--An entity that receives a grant under this section shall use not less than 90 percent of the funds made available through the grant to provide to participants in the program carried out under this section a combination of classroom education and job skills development, through onsite training and work experiences (including construction or rehabilitation of facilities) in a construction trade that makes efficient use of green technologies. Such education and skills development shall be designed to prepare the participants for jobs in green-collar industries in their communities and States. (2) Supervision and training.--The entity may use not more than 10 percent of the grant funds for supervision and training costs related to the activities described in paragraph (1). (g) Report to Congress.-- (1) Indicators.--For purposes of the program carried out under this section, the indicators of performance shall be-- (A) entry of individuals who completed their participation in the program and who participated in activities described in subsection (f)(1) into registered apprenticeship programs in a construction trade in a green-collar industry or a related trade; and (B) entry of such individuals, who participated in such activities, into unsubsidized employment in a green-collar industry. (2) Assessment.--The Secretary shall prepare an assessment of the program that-- (A) describes the use of funds made available under this section to carry out the program and the progress achieved through that program; and (B) provides information on the performance of the program on the indicators of performance. (3) Report.--The Secretary shall annually submit to Congress a report containing the assessment described in paragraph (2). SEC. 7. GREEN-COLLAR YOUTH OPPORTUNITY GRANTS. (a) Definition.--The term ``community college'' means a 2-year institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (b) General Authority.--The Secretary is authorized to reserve $200,000,000 of the funds appropriated under this Act for work experiences and training in green-collar industries for eligible youth. The Secretary shall provide the work experiences and training in conjunction with activities described in section 169(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2914(b)), under the Youth Opportunity Grants program described in section 169 of that Act (29 U.S.C. 2914) (except that subsections (a)(3), (b)(2), (d), (e)(2), (f), and (g) of such section shall not apply to such work experiences and training). (c) Grants.--The Secretary is authorized to award from the reserved funds, on a competitive basis, Green-Collar Youth Opportunity Grants to eligible organizations. (d) Eligible Organizations.-- (1) In general.--To be eligible to receive a grant under this section, an organization shall be a local board described in section 169(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2914(c)) an entity described in section 169(d) of such Act (29 U.S.C. 2914(d)), or an entity acting of behalf of an eligible strategic partnership. (2) Eligible strategic partnership.-- (A) In general.--For purposes of this subsection, an eligible strategic partnership shall be composed of at least 1 representative of a local board serving a community, and of each of the 8 types of organizations described in subparagraph (B). (B) Types of organizations.--The types of organizations referred to in subparagraph (A) are businesses, unions, labor-management partnerships, schools (including community colleges), public agencies including law enforcement, nonprofit community organizations, economic development entities, and philanthropic organizations, that are actively engaged in providing learning, mentoring, and work opportunities to eligible youth. (3) Fiscal and administrative agent.--The strategic partnership shall designate an entity, which shall be a member of the partnership, as the strategic partnership's fiscal and administrative entity for the implementation of activities under the grant. (e) Application.--To be eligible to receive a grant under this section, an organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Priority.--In making grants under this section, the Secretary shall give priority to organizations located in communities described in subsection (c) or (d)(2) of section 169 of the Workforce Investment Act of 1998 (29 U.S.C. 2914). (g) Eligible Youth.--To be eligible to participate in a program carried out under this section, a youth shall-- (1) be not less than age 14 and not more than age 24; (2) reside in a community described in subsection (c) or (d)(2) of section 169 of such Act; and (3) have multiple barriers to education and career success, as specified by the Secretary. (h) Use of Funds.--An organization that receives a grant under this section may use the funds made available through the grant to provide programs of work experiences and training in green-collar industries that include education and paid work experiences. The work experiences shall involve retrofitting buildings (including facilities of small businesses) to achieve energy savings, or enhancing, creating, or preserving public space, within the communities served. In providing the programs, the organization may provide any of the activities described in subsection (b)(1) of that section 169. (i) Report to Congress.-- (1) Indicators.--For purposes of the program carried out under this section, the indicators of performance shall be-- (A) acquisition of a high school diploma or its generally recognized equivalent by individuals who completed their participation in the program and who participated in training described in subsection (b); (B) entry of such individuals, who participated in work experiences described in subsection (b), into postsecondary education linked to the green economy, including registered apprenticeship programs in a green-collar industry; and (C) entry of such individuals, who participated in work experiences described in subsection (b), into unsubsidized employment in a green-collar industry. (2) Assessment.--The Secretary shall prepare an assessment of the program that-- (A) describes the use of funds made available under this section to carry out the program and the progress achieved through that program; and (B) provides information on the performance of the program, including on the indicators of performance. (3) Report.--The Secretary shall annually submit to Congress a report containing the assessment described in paragraph (2). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary for activities described in this Act $1,000,000,000, which shall be available for the period of January 1, 2009 through December 31, 2010.

Green-Collar Youth Jobs, Education, and Training Stimulus Act - Authorizes appropriations to the Secretary of Labor to expand the Job Corps program to: (1) establish a Green Job Corps program that provides for the development of academic skills and paid jobs in green-collar industries to create a corps of energy- and environmentally-conscious consumers; and (2) award YouthBuild Build Green Grants and Green-Collar Youth Opportunity Grants to eligible entities and organizations to provide eligible youth with education, jobs, and training in green-collar industries, including the weatherization and energy retrofitting of low-income homes and buildings.

A bill to provide funding for a Green Job Corps program, YouthBuild Build Green Grants, and Green-Collar Youth Opportunity Grants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Travel Tax Credit Holiday Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Consumer confidence and spending is critical to a healthy United States economy. (2) In order to prevent a further decline in consumer spending, which fell 1.8 percent in September 2001, and consumer confidence, which is at its lowest level since February 1994, the Federal Government needs to provide an immediate and targeted tax incentive to encourage consumer spending. (3) The most immediate and targeted incentive for consumption would be to reduce the price of goods to consumers, which can be done most effectively by providing a tax incentive to individuals to make retail purchases. (4) A 10-day consumer travel tax credit holiday, prior to the 2001 holiday season, would encourage Americans to make immediate purchases and help to counteract the decline in consumer confidence Americans have experienced since September 11, 2001. The direct boost to consumption resulting from such tax incentive would enhance the benefits of individual tax cuts provided by any Federal tax stimulus legislation. (5) Alaska, Delaware, Montana, New Hampshire, and Oregon currently do not impose a State sales tax. These States have worked hard to establish a State tax structure that does not include a sales tax. Any economic stimulus proposals relating to sales tax must include proportional relief to these five States, which have chosen not to impose a sales tax. These five sales-tax-free States should not be penalized for choosing the tax structure best for their State by being excluded from sales tax holiday relief. A tax credit for travel for the purpose of making retail purchases in those States would provide a benefit to consumers similar to a sales tax holiday in other States. SEC. 3. CREDIT FOR TRAVEL FOR PURPOSES OF RETAIL PURCHASES IN STATES NOT IMPOSING SALES TAX. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. TRAVEL CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified travel expenses which are paid or incurred by the taxpayer during the consumer travel tax credit period. ``(b) Qualified Travel Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified travel expenses' means reasonable expenses in connection with a qualifying personal trip for-- ``(A) travel by aircraft, rail, watercraft, or motor vehicle, and ``(B) lodging while away from home at any commercial lodging facility. Such term does not include expenses for meals, entertainment, amusement, or recreation. ``(2) Qualifying personal trip.-- ``(A) In general.--The term `qualifying personal trip' means travel within the United States-- ``(i) the destination of which is Alaska, Delaware, Montana, New Hampshire, or Oregon, and ``(ii) the purpose of which is to purchase at retail tangible property of a type that would be subject to sales tax in any State not listed in clause (i). ``(B) Only personal travel included.--Such term shall not include travel if, without regard to this section, any expenses in connection with such travel are deductible in connection with a trade or business or activity for the production of income. ``(3) Commercial lodging facility.--The term `commercial lodging facility' includes any hotel, motel, resort, rooming house, or campground. ``(c) Definitions.--For purposes of this section-- ``(1) Consumer travel tax credit period.--For purposes of this section, the term `consumer travel tax credit period' means the period beginning on December 7, 2001, and ending before December 17, 2001. ``(2) Sales tax.--The term `sales tax' means-- ``(A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- ``(i) calculated as a percentage of the price, gross receipts, or gross proceeds, and ``(ii) can or is required to be directly collected by retail sellers from purchasers of such property, ``(B) a use tax, or ``(C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. ``(3) Use tax.--The term `use tax' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax. ``(d) Special Rules.-- ``(1) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(2) Expenses must be substantiated.--No credit shall be allowed by subsection (a) unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement the amount of the expenses described in subsection (b)(1). ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 26 the following new item: ``Sec. 25C. Travel credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Consumer Travel Tax Credit Holiday Act of 2001 - Amends the Internal Revenue Code to allow an individual a credit for qualified travel expenses incurred from December 7, 2001 through December 16, 2001. Restricts such expenses to travel and lodging costs in connection with trips to Alaska, Delaware, Montana, New Hampshire, or Oregon (non-sales tax States).

To amend the Internal Revenue Code of 1986 to provide a credit against income tax for costs of travel for purposes of making retail purchases in States that do not impose sales tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act'' or the ``Medicaid IMD ADDITIONAL INFO Act''. SEC. 2. MACPAC EXPLORATORY STUDY AND REPORT ON INSTITUTIONS FOR MENTAL DISEASES REQUIREMENTS AND PRACTICES UNDER MEDICAID. (a) In General.--Not later than January 1, 2020, the Medicaid and CHIP Payment and Access Commission established under section 1900 of the Social Security Act (42 U.S.C. 1396) shall conduct an exploratory study, using data from a representative sample of States, and submit to Congress a report on at least the following information, with respect to services furnished to individuals enrolled under State plans under the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) (or waivers of such plans) who are patients in institutions for mental diseases and for which payment is made through fee-for-service or managed care arrangements under such State plans (or waivers): (1) A description of such institutions for mental diseases in each such State, including at a minimum-- (A) the number of such institutions in the State; (B) the facility type of such institutions in the State; and (C) any coverage limitations under each such State plan (or waiver) on scope, duration, or frequency of such services. (2) With respect to each such institution for mental diseases in each such State, a description of-- (A) such services provided at such institution; (B) the process, including any timeframe, used by such institution to clinically assess and reassess such individuals; and (C) the discharge process used by such institution, including any care continuum of relevant services or facilities provided or used in such process. (3) A description of-- (A) any Federal waiver that each such State has for such institutions and the Federal statutory authority for such waiver; and (B) any other Medicaid funding sources used by each such State for funding such institutions, such as supplemental payments. (4) A summary of State requirements (such as certification, licensure, and accreditation) applied by each such State to such institutions in order for such institutions to receive payment under the State plan (or waiver) and how each such State determines if such requirements have been met. (5) A summary of State standards (such as quality standards, clinical standards, and facility standards) that such institutions must meet to receive payment under such State plans (or waivers) and how each such State determines if such standards have been met. (6) Recommendations for actions by Congress and the Centers for Medicare & Medicaid Services. such as how State Medicaid programs may improve care and improve standards and including a recommendation for how the Centers for Medicare & Medicaid Services can improve data collection from such programs to address any gaps in information. (b) Stakeholder Input.--In carrying out subsection (a), the Medicaid and CHIP Payment and Access Commission shall seek input from State Medicaid directors and stakeholders, including at a minimum the Substance Abuse and Mental Health Services Administration, Centers for Medicare & Medicaid Services, State Medicaid officials, State mental health authorities, Medicaid beneficiary advocates, health care providers, and Medicaid managed care organizations. (c) Definitions.--In this section: (1) Representative sample of states.--The term ``representative sample of States'' means a non-probability sample in which at least two States are selected based on the knowledge and professional judgment of the selector. (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, and any commonwealth or territory of the United States. (3) Institution for mental diseases.--The term ``institution for mental diseases'' has the meaning given such term in section 435.1009 of title 42, Code of Federal Regulations, or any successor regulation. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act or the Medicaid IMD ADDITIONAL INFO Act (Sec. 2) This bill requires the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission to report on information relating to services for Medicaid enrollees who are patients in institutions for mental diseases (IMDs), including: (1) the number and type of IMDs in each sampled state and associated coverage limitations, (2) services and processes provided at such IMDs, (3) applicable federal waivers and other Medicaid funding sources for such IMDs, (4) state requirements for such IMDs to receive funding, and (5) recommendations to improve standards and data collection for IMDs.

Medicaid Institutes for Mental Disease Are Decisive in Delivering Inpatient Treatment for Individuals but Opportunities for Needed Access are Limited without Information Needed about Facility Obligations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Canyon Conservation Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. The Congress finds and declares that: (1) The resources within the Black Canyon of the Gunnison National Monument and on the adjacent Federal lands are nationally and internationally significant. (2) These resources offer exceptional opportunities to expand and interpret ecological components and geologic features. (3) These resources offer a superlative opportunity for recreation. (4) These resources coincide with, compliment, and expand the purposes for which the Black Canyon of the Gunnison National Monument was established. (5) Therefore, given that the historic boundary of the Black Canyon of the Gunnison National Monument was statutorily established and enlarged by Public Law 98-357. (6) The lands in the lower Gunnison Gorge have been studied and recommended for wilderness designation by the Bureau of Land Management in 1987. (7) The Gunnison River was studied by the Bureau of Land Management in 1979 and was found to be eligible for wild and scenic designation. (8) The fishery in the Gunnison River that flows through the Gunnison Gorge has been recognized by the State of Colorado as a ``Gold Medal Stream'' and ``Wild Trout Water''. (9) The creation of a national park, national conservation area and the designation of the Gunnison River as a wild and scenic river is appropriate and necessary to protect and enhance the Black Canyon, the Gunnison Gorge, and the surrounding natural resources for future generations. SEC. 3. REDESIGNATION OF THE NATIONAL MONUMENT AS A NATIONAL PARK. (a) Redesignation.--In order to protect, interpret, and promote the spectacular gorges formed by the erosive work of the Gunnison River, the Black Canyon of the Gunnison National Monument is hereby redesignated as the Black Canyon of the Gunnison National Park. (b) Area Included.--The national park shall consist of the existing Black Canyon of the Gunnison National Monument. Any funds available for the purposes of the monument shall be made available for the purposes of the park. All valid existing rights within the monument shall be included in the national park. (c) Administration.--The Secretary of the Interior (hereinafter referred to as the Secretary) shall administer the Black Canyon of the Gunnison National Park in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including, but not limited to, the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (d) Water Right.--Designation of the Black Canyon of the Gunnison National Park shall not constitute a reservation of water, water rights, or instream flows beyond the water right described in section 6(c) of this Act. SEC. 4. ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON NATIONAL CONSERVATION AREA. (a) Establishment.--In order to protect that area in Colorado containing the Gunnison Gorge and other unique and nationally important recreational, geological, ecological, scenic, educational, scientific, and wilderness resources of the public lands in and around the lower Gunnison Gorge for the benefit and enjoyment of future generations, there is hereby established the Gunnison Gorge National Conservation Area (hereinafter referred to as the ``conservation area''). (b) Area Included.--The conservation area shall consist of approximately sixty-four thousand one hundred and thirty-nine acres as generally depicted on the map entitled ``Gunnison Gorge National Conservation Area'' numbered and dated . The map shall be on file and available for inspection in the offices of the Director of the Bureau of Land Management of the Department of the Interior. (c) Legal Description.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a legal description of the conservation area designated under this section with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. (d) Administration.--The Secretary, acting through the Director of the Bureau of Land Management, shall manage the conservation area to protect its resources in accordance with this Act, the Federal Land Management and Policy Act of 1976 and other applicable provisions of law. (e) Withdrawal.--Subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. (f) Hunting, Trapping, and Fishing.--The Secretary shall permit hunting, trapping, and fishing within the conservation area in accordance with applicable laws and regulations of the United States and the State of Colorado; except that the Secretary, after consultation with the Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. (g) Grazing.--The grazing of livestock in the conservation area designated by this Act, where established prior to the date of the enactment of this Act, shall be administered in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of the Act entitled ``An Act to designate certain National Forest System lands in the State of Colorado, South Dakota, Missouri, South Carolina, and Louisiana for inclusion in the National Wilderness Preservation System, and for other purposes'' (Public Law 96-560). (h) Water Rights.--Designation of the conservation area shall not constitute a reservation of water, water rights or instream flows beyond the water right described in section 6(c) of this Act. (i) Motorized Vehicles.--The use of motorized vehicles in the conservation area shall be allowed on routes specifically designated for such use as part of the management plan prepared pursuant to section 7 of this Act, except where needed for administrative or emergency purposes. The Secretary shall have the power to implement such reasonable limits to visitation and use of the conservation area as he finds appropriate for the protection of the resources of the conservation area, including requiring permits for public use, or closing portions of the conservation area to public use. (j) Enforcement.--Any person who violates the provisions of this Act or any regulation promulgated by the Secretary to implement this Act shall be subject to a fine of up to $10,000 or imprisonment of up to one year, or both. SEC. 5. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA. (a) Designation.--Within the conservation area there are hereby designated as wilderness, and as a component of the National Wilderness Preservation System, the Gunnison Gorge Wilderness of approximately twenty-one thousand thirty-eight acres, as generally depicted on the map entitled the Gunnison Gorge Wilderness Area numbered and dated . The map shall be on file and available for inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. (b) Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a legal description of the wilderness area designated by this Act with the Committee on Natural Resources of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. (c) Administration.--Subject to valid existing rights, the wilderness area designated by this Act shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (78 Stat. 890; 16 U.S.C. 131), governing areas designated by that Act as wilderness. (d) No Buffer Zones.--The Congress does not intend for the designation of this wilderness area to lead to the creation of protective perimeters or buffer zones around any such wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness areas. (e) Fish and Wildlife.--As provided in paragraph (7) of section 4(d) of the Wilderness Act, nothing in this Act or in the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish on the public lands located in that State. (f) Grazing.--The grazing of livestock in the conservation area designated by this Act, where established prior to the date of the enactment of this Act, shall be administered in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of the Act entitled ``An Act to designate certain National Forest System lands in the State of Colorado, South Dakota, Missouri, South Carolina, and Louisiana for inclusion in the National Wilderness Preservation System, and for other purposes'' (Public Law 96-560). (g) Water Rights.--Designation of the Gunnison Gorge Wilderness shall not constitute a reservation of water, water rights or instream flows beyond the water right described in section 6(c) of this Act. SEC. 6. DESIGNATING THE GUNNISON RIVER AS A WILD AND SCENIC RIVER. (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraph at the end: ``( ) Gunnison, Colorado--the Gunnison River from the upstream boundary of the Black Canyon of the Gunnison National Monument down stream to the confluence of the North Fork of the Gunnison River to be administered by the Secretary of the Interior.''. (b) Water Development.--For the purposes of this Act, the storage and diversion of water outside of the designated reach shall not be considered to have an adverse effect on the values for which the reach was established. (c) Water Rights.--No water rights or the reservation of water which would expand on the existing reserved water right for the Black Canyon of the Gunnison National Monument, shall be created by this designation. SEC. 7. GENERAL MANAGEMENT PLANS. (a) In General.--Within three full fiscal years following the fiscal year of enactment of this Act, the Secretary shall develop and transmit to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive plan for the long-range protection and management of the conservation area which shall describe the appropriate uses and development of the conservation area consistent with the purposes of this Act. This plan shall incorporate appropriate decisions contained in the Uncompahgre Basin Resource Management Plan (completed in September, 1988), the Gunnison Gorge Recreation Area Management Plan (completed on July 24, 1985 and supplemented on July 21, 1988). The conservation area plan shall also incorporate wildlife habitat management plans that have been prepared for the area, and will be prepared in close consultation with appropriate agencies of the State of Colorado and consider previous studies of the area. (b) Public Lands.--For the purpose of this Act, the term ``public lands'' shall have the same meaning as such term has when used in the Federal Land Policy and Management Act of 1976. (c) Management of Acquired Lands.--Any non-Federal lands or interests within or adjacent to the boundaries of the conservation area which after the date of enactment of this Act may be acquired by the United States shall be incorporated into the conservation area, and shall be managed in accordance with all the provisions of this Act and other laws applicable to the conservation area. (d) Limitations.--No federally owned lands located within the boundaries of the conservation area shall be transferred out of Federal ownership, or be placed in trust, by exchange or otherwise. SEC. 8. APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

Black Canyon Conservation Act of 1993 - Redesignates the Black Canyon of the Gunnison National Monument in Colorado as the Black Canyon of the Gunnison National Park. Establishes the Gunnison Gorge National Conservation Area (conservation area). Designates the Gunnison Gorge Wilderness (located within the conservation area) as a component of the National Wilderness Preservation System. Amends the Wild and Scenic Rivers Act to designate the Gunnison River, Colorado, as a component of the National Wild and Scenic Rivers System. Directs the Secretary of the Interior to transmit to specified congressional committees a comprehensive plan for the long-range protection and management of the conservation area. Authorizes appropriations.

Black Canyon Conservation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``September 11 Family Humanitarian Relief and Patriotism Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF TERRORISM. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment not later than 2 years after the date on which the Secretary promulgates final regulations to implement this section; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Rules in applying certain provisions.-- (A) In general.--In the case of an alien described in subsection (b) who is applying for adjustment of status under this section-- (i) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; and (ii) the Secretary of Homeland Security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). (B) Standards.--In granting waivers under subparagraph (A)(ii), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) Relationship of application to certain orders.-- (A) Application permitted.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, apply for adjustment of status under paragraph (1). (B) Motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. (C) Effect of decision.--If the Secretary of Homeland Security grants a request under subparagraph (A), the Secretary shall cancel the order. If the Secretary renders a final administrative decision to deny the request, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who-- (1) was lawfully present in the United States as a nonimmigrant alien described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on September 10, 2001; (2) was, on such date, the spouse, child, dependent son, or dependent daughter of an alien who-- (A) was lawfully present in the United States as a nonimmigrant alien described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on such date; and (B) died as a direct result of a specified terrorist activity; and (3) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note). (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security shall establish, by regulation, a process by which an alien subject to a final order of removal may seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security shall authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application. (d) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF TERRORISM. (a) In General.--Subject to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the Secretary of Homeland Security shall, under such section 240A, cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b), if the alien applies for such relief. (b) Aliens Eligible for Cancellation of Removal.--The benefits provided by subsection (a) shall apply to any alien who-- (1) was, on September 10, 2001, the spouse, child, dependent son, or dependent daughter of an alien who died as a direct result of a specified terrorist activity; and (2) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note). (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) Work authorization.--The Secretary of Homeland Security shall authorize an alien who has applied for cancellation of removal under subsection (a) to engage in employment in the United States during the pendency of such application. (d) Motions to Reopen Removal Proceedings.-- (1) In general.--Notwithstanding any limitation imposed by law on motions to reopen removal proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has become eligible for cancellation of removal as a result of the enactment of this section may file 1 motion to reopen removal proceedings to apply for such relief. (2) Filing period.--The Secretary of Homeland Security shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of enactment of this Act and shall extend for a period not to exceed 240 days. SEC. 4. EXCEPTIONS. Notwithstanding any other provision of this Act, an alien may not be provided relief under this Act if the alien is-- (1) inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)), including any individual culpable for a specified terrorist activity; or (2) a family member of an alien described in paragraph (1). SEC. 5. EVIDENCE OF DEATH. For purposes of this Act, the Secretary of Homeland Security shall use the standards established under section 426 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in determining whether death occurred as a direct result of a specified terrorist activity. SEC. 6. DEFINITIONS. (a) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), other than the definitions applicable exclusively to title III of such Act, shall apply in the administration of this Act. (b) Specified Terrorist Activity.--For purposes of this Act, the term ``specified terrorist activity'' means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.

September 11 Family Humanitarian Relief and Patriotism Act - Provides permanent resident status adjustment for a requesting alien who was on September 10, 2001, the wife, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States. Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment. Provides for cancellation of removal and permanent resident status adjustment for a requesting alien who was: (1) on September 10, 2001, the wife, child, or dependent son or daughter of an alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of the September 11th Victim Compensation Fund of 2001. Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien.

A bill to provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11, 2001, terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reconciliation Act''. SEC. 2. SET-ASIDE FOR STATES WITH APPROVED FAMILY RECONCILIATION PLANS. (a) In General.-- (1) Set-aside.--Section 430(d) of the Social Security Act (42 U.S.C. 629(d)) is amended by adding at the end the following new paragraph: ``(4) Family reconciliation.--The Secretary shall reserve 10 percent of the amounts described in subsection (b) for each fiscal year, for allotment to States with family reconciliation plans approved under section 432(c)(3) to develop and conduct counseling programs described in section 432(c)(2)(B).''. (2) Assistance in developing family reconciliation counseling programs.--Section 430(d)(1) of such Act (42 U.S.C. 629(d)(1)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) in assisting States in developing and operating counseling programs described in section 432(c)(2)(B).''. (3) Family reconciliation plans.--Section 432 of such Act (42 U.S.C. 629(b)) is amended by adding at the end the following new subsection: ``(c) Family Reconciliation Plans.-- ``(1) Plan requirements.--A State family reconciliation plan meets the requirements of this paragraph if the plan demonstrates that the State has in effect the laws referred to in paragraph (2). ``(2) Satisfaction of plan requirements.--In order to satisfy paragraph (1), a State must have in effect laws requiring that, prior to a final dissolution of marriage of a couple who have one or more children under 12 years of age, the couple shall be required to-- ``(A) undergo a minimum 60-day waiting period beginning on the date dissolution documents are filed; and ``(B) participate in counseling programs offered by a public or private counseling service that includes discussion of the psychological and economic impact of the divorce on the couple, the children of the couple, and society.''. ``(3) Approval of plans.--The Secretary shall approve a plan that meets the requirements of paragraph (1).''. (4) Allotment.--Section 433 of such Act (42 U.S.C. 633) is amended by adding at the end the following new subsection: ``(d) Allotments to States With Approved Family Reconciliation Plans.-- ``(1) In general.--From the amount reserved pursuant to section 430(d)(4) for any fiscal year, the Secretary shall allot to each State (other than an Indian tribe) with a family reconciliation plan approved under section 432(c)(3), an amount that bears the same ratio to the amount reserved under such section as the average annual number of final dissolutions of marriage described in paragraph (2) in the State for the 3 fiscal years referred to in subsection (c)(2)(B) bears to the average annual number of such final dissolutions of marriage in such 3-year period in all States with family reconciliation plans approved under section 432(c)(3). ``(2) Final dissolutions of marriage described.--For purposes of paragraph (1), a final dissolution of marriage described in this paragraph is a final dissolution of marriage of a couple who have one or more children under 12 years of age.''. (5) Entitlement.-- (A) In general.--Section 434(a) of such Act (42 U.S.C. 629d(a)) is amended by adding at the end the following new paragraph: ``(3) Family Reconciliation Amount.--Each State with a family reconciliation plan approved under section 432(c)(3) shall be entitled to an amount equal to the allotment of the State under section 433(d) for the fiscal year. (B) Conforming amendment.--Section 434(a) of such Act (42 U.S.C. 629d(a)) is amended by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 1995. SEC. 3. USE OF FUNDS UNDER LEGAL SERVICES CORPORATION ACT. Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 2996f(b)) is amended-- (1) in paragraph (9), by striking ``; or'' and inserting a semicolon; (2) in paragraph (10), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(11) to provide legal assistance to an eligible client with respect to a proceeding or litigation in which the client seeks to obtain a dissolution of a marriage or a legal separation from a spouse, except that nothing in this paragraph shall prohibit a recipient from providing legal assistance to the client with respect to the proceeding or litigation if a court of appropriate jurisdiction has determined that the spouse has physically or mentally abused the client.''.

Family Reconciliation Act - Amends part B (Child-Welfare Services) of title IV of the Social Security Act with regard to family preservation and support services to create certain set-asides for States with approved family reconciliation plans which require a minimum 60-day waiting period and participation in counseling programs before final dissolution of a marriage involving one or more children under age 12. Amends the Legal Services Corporation Act to prohibit the use of funds under that Act for legal assistance in certain actions relating to divorces or separations except where there is court-determined spousal abuse.

Family Reconciliation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Performance Accountability Act''. SEC. 2. PERFORMANCE ACCOUNTABILITY PLAN. (a) Submission of Report.--Not later than March 1, 1995, and not later than March 1 of each year thereafter, the District of Columbia shall develop and submit to the Committee on the District of Columbia of the House of Representatives, the Senate Committee on Governmental Affairs, the House Appropriations Subcommittee on the District of Columbia, and the Senate Appropriations Subcommittee on the District of Columbia, a Performance Accountability Plan covering all departments, agencies, and programs of the government of the District of Columbia. (b) Contents of Plan.--Such plan shall state measurable, objective performance goals for all significant activities of the government of the District of Columbia, including activities funded in whole or in part by the District but performed in whole or in part by some other public or private entity. (c) Performance Measures.--For each activity covered by such plan, there shall be one or more measures of performance, covering both quantity and quality. The performance measures may relate to program outputs and activity levels, but should also include measures of program outcomes and results. (d) Goals.--For each measure of performance there shall be stated two goals, one shall be designated as an acceptable level of performance, and the other shall be designated as a superior level of performance. The plan shall also state the name, position, and immediate supervisor or superior of the District of Columbia management employee most directly responsible for the achievement of each performance measure goal. SEC. 3. PERFORMANCE ACCOUNTABILITY REPORT. (a) Submission of Report.--Not later than March 1, 1996, and not later than March 1 of each year thereafter, the District of Columbia shall develop and submit to the House Committee on the District of Columbia, the Senate Committee on Governmental Affairs, the House Appropriations Subcommittee on the District of Columbia, and the Senate Appropriations Subcommittee on the District of Columbia, a Performance Accountability Report covering all departments, agencies, and programs of the government of the District of Columbia. (b) Contents of Report.--Such report shall, for each performance measure stated in the previous fiscal year's Performance Accountability Plan, indicate the actual level of performance achieved compared to the stated goal for an acceptable level of performance and the goal for a superior level of performance. The report shall also state the name, position, and the immediate supervisor or superior of the District of Columbia management employee most directly responsible for the achievement of each performance measure goal. SEC. 4. PERSONAL ACCOUNTABILITY. (a) Personal Accountability.--Notwithstanding any other provision of law, any District of Columbia management employee who is designated in a Performance Accountability Report as being directly responsible for the achievement of one or more performance measurement goals-- (1) the majority of whose goals in such report do not achieve a designation of at least an acceptable level of performance, shall be either removed from employment by the District of Columbia or demoted to a nonmanagerial position; (2) all of whose goals in such report do not achieve a designation of at least an acceptable level of performance, shall not receive any increase in pay for the subsequent year, including but not limited to merit increases, cost-of-living adjustments, and promotions; and (3) the majority of whose goals in such report do not achieve a designation of at least a superior level of performance, shall not receive a promotion or performance bonus during the subsequent year. (b) Additional Performance Standards.--Notwithstanding the minimum performance standards specified in subsection (a), additional limitations and regulations may be applied to such promotions, performance bonuses, and increases in pay. SEC. 5. DEVELOPMENT OF PLANS AND REPORTS. (a) Consultation With GAO.--The District of Columbia shall develop, the Performance Accountability Plans that are submitted by March 1, 1995, and March 1, 1996, in consultation with the General Accounting Office and the Office of Management and Budget. (b) Conforming Regulations.--The District of Columbia shall, in consultation with the Office of Personnel Management and the General Accounting Office, and subject to the approval of the Office of Management and Budget, amend its management and personnel laws and regulations to be in conformance with the provisions of this Act. (c) Audit.--The General Accounting Office shall conduct a thorough audit of the Performance Accountability Reports of the District of Columbia that are submitted by March 1, 1996, and March 1, 1997, including an audit of the District's compliance with section 4 of this Act.

District of Columbia Performance Accountability Act - Requires the District of Columbia to develop and submit to specified congressional committees and subcommittees a Performance Accountability Plan and a Performance Accountability Report covering all departments, agencies, and programs of the District government. Sets forth provisions regarding: (1) the content of the Plan; (2) performance measures; (3) goals; and (4) the content of the Report. Requires a District management employee who is designated in such Report as being directly responsible for the achievement of one or more performance measurement goals: (1) the majority of whose goals in such Report does not achieve a designation of at least an acceptable level of performance to be either removed from employment by the District or demoted to a nonmanagerial position; (2) all of whose goals in such Report do not achieve a designation of at least an acceptable level of performance to not receive any increase in pay for the subsequent year, including but not limited to merit increases, cost-of-living adjustments, and promotions; and (3) the majority of whose goals in such Report do not achieve a designation of at least a superior level of performance to not receive a promotion or performance bonus during the subsequent year. Allows additional limitations and regulations to be applied to such promotions, performance bonuses, and increases in pay. Requires the District, subject to the approval of the Office of Management and Budget, to amend its management and personnel laws and regulations to be in conformance with this Act. Directs the General Accounting Office to audit the Performance Accountability Reports of the District, including the District's compliance with the personal accountability provisions in this Act.

District of Columbia Performance Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Resources to Improve Dual Language Education Act of 2007'' or the ``PRIDE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Dual language programs have been found to provide the greatest academic gains for limited English proficient students. (2) Few children from low-income communities, particularly African American children, have had access to a well-developed and well-implemented dual language program. (3) Children in dual language programs experience substantial gains in language, literacy, and mathematics. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (a) Purpose.--The purpose of this section is to authorize the Secretary to carry out a demonstration project to enhance the biliteracy, bilingualism, and multicultural skills for children in impoverished communities, including limited-English-proficient and minority children, through the use and longitudinal evaluation of dual language programs beginning in preschool through the fifth grade. (b) Program Authorized.-- (1) In general.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund partnerships of local education agencies, early childhood education programs including, state preschool programs and Head Start programs, and technical assistance providers to demonstrate effective strategies in ensuring the academic success of low-income minority students through the implementation and evaluation of a high-quality dual language program that-- (A) serves cohorts of economically disadvantaged minority and limited-English-proficient students from preschool through fifth grade; (B) establishes an infrastructure that supports a rigorous assessment system, including dedicated staff time and professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, biliteracy, and multiculturalism; (C) implements and aligns a curriculum that promotes the development of bilingual, biliterate, and multicultural competencies for all students through at least grade five; (D) utilizes and aligns student-centered instructional methods that enhance the development of bilingualism, biliteracy, and academic achievement; (E) aligns professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (F) recruits, trains, and continuously develops staff to implement high-quality, dual language programs; and (G) establishes a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described is subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Required documentation.--Each application submitted by programs under this section for a proposed program shall include documentation that-- (A) the program has partnered with an entity that has proven expertise in the implementation of high- quality dual language programs to provide on-going technical assistance and assist with the evaluation of the program; (B) the program has the qualified personnel to develop, administer, evaluate, and implement the program; and (C) the program is serving economically- disadvantaged minority and limited-English-proficient students. (3) Other application contents.--Each application submitted by an entity under this section for a proposed program shall include-- (A) data showing that the program is serving economically disadvantaged and limited English proficient students; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description of how the evaluation will be used to inform broader efforts to improve instruction for limited English proficient students, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of-- (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally and linguistically appropriate dual language curriculum; and (iii) methods of teacher training and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide to the Secretary such information as may be required by subsection (f); and (G) any other information that the secretary may require. (f) Selection of Grantees.-- (1) Criteria.--The Secretary through a peer review process shall select partnerships to receive grants under this section based on-- (A) the articulation of preschool through fifth- grade instructional practices, curriculum, and assessments strategies; (B) the extent to which school leadership has been involved and has demonstrated a commitment to a high- quality dual language programs; (C) the quality of the programs and proposed in the applications submitted under subsection (b). (g) Technical Assistance and Evaluation.--From funds reserved under subsection (i) for a fiscal year, the Secretary shall reserve $250,000 to contract with an entity with a proven track record in dual language programs for the purpose of-- (1) providing technical assistance to local education agencies receiving grants under this Act in order to strengthen programs conducted by grantees pursuant to this Act; and (2) conducting an evaluation of programs funded under this act, which shall-- (A) be used by the Secretary to determine effectiveness of programs funded through this Act and improve services to participating children; and (B) include-- (i) a comprehensive evaluation of the impact of the programs on students, including an assessment of literacy skills and language development in both English and the minority language; (ii) a comprehensive evaluation of the effectiveness of instructional practices used in the programs; and (iii) a comprehensive evaluation of professional development strategies. (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of limited English proficient students. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2009 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definition.--In this section, the term dual language program is an instructional strategy in which students are taught literacy and content in two languages and use the partner language for at least half of the instructional day and foster bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in two languages.

Providing Resources to Improve Dual Language Education Act of 2007 or the PRIDE Act - Authorizes the Secretary of Education to award up to five grants to partnerships of local educational agencies (LEAs), early childhood education programs, and technical assistance providers for the implementation of dual language demonstration programs designed to enhance and assess the biliteracy, bilingualism, and multicultural skills of low-income minority and limited English proficient students from preschool through grade five. Directs the Secretary to: (1) arrange for an entity that has dual language program experience to provide technical assistance to LEA grantees and evaluate the programs funded by this Act; and (2) disseminate information on model practices implemented under such programs that are appropriate for use by early childhood education providers to improve the school readiness of limited English proficient students.

To establish dual-language education programs in low-income communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employees' Pension Security Act of 2008''. TITLE I--TRUSTEESHIP OF SINGLE-EMPLOYER PLANS SEC. 101. REQUIREMENTS RELATING TO TRUSTEESHIP OF SINGLE-EMPLOYER PLANS. (a) In General.--Section 403(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2)(A) The assets of a pension plan which is a single-employer plan shall be held in trust by a joint board of trustees, which shall consist of two or more trustees representing on an equal basis the interests of the employer or employers maintaining the plan and the interests of the participants and their beneficiaries. ``(B)(i) Except as provided in clause (ii), in any case in which the plan is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and one or more employers, the trustees representing the interests of the participants and their beneficiaries pursuant to subparagraph (A) shall be designated by such employee organizations. ``(ii) Clause (i) shall not apply with respect to a plan described in such clause if the employee organization (or all employee organizations, if more than one) referred to in such clause file with the Secretary, in such form and manner as shall be prescribed in regulations of the Secretary, a written waiver of their rights under clause (i). ``(iii) In any case in which clause (i) does not apply with respect to a pension plan which is a single-employer plan because the plan is not described in clause (i) or because of a waiver filed pursuant to clause (ii), the trustee or trustees representing the interests of the participants and their beneficiaries shall consist of one or more participants under the plan elected to serve as such in accordance with this clause. The Secretary shall provide by regulation for a secret ballot of the participants under the plan for purposes of such election, and for certification of the results thereof to the participants (and any employee organization referred to in clause (ii)) and to the employer.''. (b) Conforming Amendments.--Section 403(a)(1) of such Act (as redesignated under subsection (a)) is amended-- (1) by striking ``Such trustee or trustees'' and inserting ``Except as provided in paragraph (2), such trustee or trustees''; (2) by striking ``fiduciary, and upon acceptance'' and inserting ``fiduciary. Upon acceptance''; and (3) in subparagraph (A) (as so redesignated), by striking ``the plan'' the first place it appears and inserting ``in the case of a plan other than a pension plan which is a single- employer plan, the plan''. SEC. 102. EFFECTIVE DATE. The amendments made by this title shall apply with respect to plan years beginning after 180 days after the date of the enactment of this Act. The Secretary of Labor shall prescribe the initial regulations necessary to carry out the provisions of such amendments not later than 90 days after the date of the enactment of this Act. TITLE II--INVESTMENT INFORMATION SEC. 201. PROVISION TO PARTICIPANTS AND BENEFICIARIES OF MATERIAL INVESTMENT INFORMATION IN ACCURATE FORM. (a) In General.--Section 404(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at the end the following new paragraph: ``(6) Provision of accurate material investment advice.-- The plan sponsor and plan administrator of a pension plan described in paragraph (1) shall have a fiduciary duty to ensure that each participant and beneficiary under the plan, in connection with the investment by the participant or beneficiary of plan assets in the exercise of his or her control over assets in his account, is provided with all material investment information regarding investment of such assets to the extent that the provision of such information is generally required to be disclosed by the plan sponsor to investors in connection with such an investment under applicable securities laws. The provision by the plan sponsor or plan administrator of any misleading investment information shall be treated as a violation of this paragraph.''. (b) Enforcement.-- (1) In general.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (9) as paragraph (10); and (B) by inserting after paragraph (8) the following new paragraph: ``(9) The Secretary may assess a civil penalty against any person of up to $1,000 a day from the date of the person's failure or refusal to comply with the requirements of section 404(c)(6) until such failure or refusal is corrected.''. (2) Conforming amendment.--Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ``(7), or (8)'' and inserting ``(7), (8), or (9)''. SEC. 202. EFFECTIVE DATE OF TITLE. The amendments made by this title shall apply with respect to investments made on or after the date of the enactment of this Act. TITLE III--STRENGTHENED PROTECTIONS AGAINST ABUSE OF THE BANKRUPTCY AND TERMINATION PROCESS SEC. 301. ADDITIONAL REQUIREMENTS FOR TERMINATION. (a) Additional Requirements for Distress Termination.--Section 4041(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341(c)(2)) is amended by adding at the end the following: ``(E) Additional requirements.--Notwithstanding any other provision of this section, unless the corporation or the court, in the case of a distress termination pursuant to subparagraph (B)(ii), has determined that reasonable efforts to consider available alternatives to termination (including, but not limited to, alternatives described in section 4042(c)(4)) have been undertaken by such person (and, in the case of a plan maintained pursuant to a collective bargaining agreement, have been undertaken by the bargaining parties in good faith bargaining), the plan may not be terminated. A participant or beneficiary of the plan or an employee organization representing such participants or beneficiaries may bring an action in the appropriate court to challenge such determination by the corporation and seek equitable relief or must be afforded an opportunity to be heard by the appropriate court if a court is making such determination.''. (b) Additional Requirements for Court Decrees.--Section 4042(c)(1) of such Act (29 U.S.C. 1342(c)(1)) is amended-- (1) by inserting after the first sentence the following new sentences: ``The court may not enter such a decree unless that court has found that reasonable efforts to consider available alternatives to termination (including, but not limited to, alternatives described in paragraph (4) have been undertaken by the plan sponsor (and, in the case of a plan maintained pursuant to a collective bargaining agreement, have been undertaken by the bargaining parties in good faith bargaining). There is a presumption that a plan need not be terminated if the plan sponsor can continue in business, outside a case under title 11, United States Code (or under any similar law of a State or a political subdivision of a State) in which reorganization is sought, without terminating the plan.''; and (2) in the sentence following the sentences inserted by paragraph (1), by striking ``the preceding sentence'' and inserting ``the first sentence of this paragraph,''. (c) Right To Intervene To Challenge Court Decree.--Section 4042(c) of such Act (as amended by subsection (b)) is further amended by inserting after the fourth sentence the following new sentence: ``If any party consisting of the plan sponsor, a plan participant, or (in the case of a plan maintained pursuant to a collective bargaining agreement) the employee organization representing plan participants for purposes of collective bargaining disagrees with any such determination by the corporation, such party may intervene in the proceeding to challenge the determinations of the corporation.''. (d) Consideration of Alternatives by Corporation and Plan Sponsor.--Section 4042(c) of such Act (as amended by the preceding provisions of this section) is further amended by adding after the seventh sentence the following: ``The corporation and the plan administrator may proceed with such an agreement only if they have made reasonable efforts to consider available alternatives to termination (including, but not limited to, alternatives described in paragraph (4) of this subsection) and the plan participants and beneficiaries have been provided with at least 60 days notice before such agreement is given effect. During such 60-day period, a participant or beneficiary of the plan or an employee organization representing such participants or beneficiaries may bring an action in the appropriate court to seek appropriate equitable relief if such reasonable efforts have not been made.''. (e) Efforts by the Corporation at Consultation With Parties.-- Section 4042(c) of such Act is amended by adding at the end the following new paragraph: ``(4) Consultation regarding reasonable available alternatives to termination.-- ``(A) In general.--Prior to making any determination referred to in the preceding provisions of this subsection, the corporation shall consult with the plan participants and (in the case of a plan maintained pursuant to a collective bargaining agreement) the employee organization representing plan participants for purposes of collective bargaining to determine whether there are any reasonable available alternatives to termination (including, but not limited to, alternatives described subparagraph (B). ``(B) Reasonable alternatives to termination.--The reasonable alternatives to termination referred to in subparagraph (A) consist of measures which are in the best interest of plan participants and which include (but are not limited to) the following: ``(i) Financing or loans sought by any member of the plan sponsor's controlled group, with or without assistance from the corporation, in order to obtain plan financing, including back-up guarantees to any such financing which the corporation is hereby authorized to provide for such purpose. ``(ii) New plan structures agreed to by the parties, such as transfer of plan liabilities to multiemployer plans, new benefit formulas for new hires or non-vested participants, or other plan restructuring alternatives agreed to by the parties. ``(iii) Reinsurance which the corporation is hereby authorized to obtain for the plan. ``(iv) An agreement by the parties authorizing alternative funding schedules, approved by the corporation, which would modify plan funding, subject to the minimum funding requirements for the plan under part 3 of subtitle B of title I. ``(v) Purchase by the plan sponsor of an annuity contract to cover liabilities of the plan, which the corporation is hereby authorized to guarantee as necessary to secure such a contract.''. (f) Notice of Right To Challenge Determinations Relating to Plan Termination.-- (1) Procedure for standard terminations.--Section 4041(b)(2)(B) of such Act (29 U.S.C. 1341(b)(2)(B)) is amended in clause (i) by striking ``and'' at the end, in clause (ii)(V) by striking ``require.'' and inserting ``require, and'', and by inserting after clause (ii) the following new clause: ``(iii) the right of participants and beneficiaries to challenge determinations under this section.''. (2) Termination proceedings for distress terminations and terminations commenced by the pbgc.--Section 4042(a) of such Act (29 U.S.C. 1342(a)) is amended by adding at the end the following new sentence: ``Prior to commencing proceedings under this section with respect to any plan, the corporation shall provide notice to plan participants and beneficiaries of the right to challenge determinations under this section, written in a manner likely to be understood by the participant or beneficiary.''. SEC. 302. EFFECTIVE DATE OF TITLE. The amendments made by this title shall apply with respect to any plans undergoing termination proceedings pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974 which are pending on or after the date of the enactment of this Act. TITLE IV--RECOVERY OF BENEFIT LIABILITIES WHICH ARE NOT GUARANTEED SEC. 401. AMENDMENT TO TITLE 11 OF THE UNITED STATES CODE. Section 507(a)(1) of title 11, United States Code, is amended by adding at the end the following: ``(D) Subject to subparagraphs (A), (B), and (C), allowed unsecured claims for benefit liabilities to participants and beneficiaries under a single-employer plan (as defined in section 4001(a)(15) of the Employee Retirement Income Security Act of 1974) in connection with the termination of the plan, in excess of the benefits payable to the participants and beneficiaries by the Pension Benefit Guaranty Corporation under section 4022 of the Employee Retirement Income Security Act of 1974 in connection with such termination.''. SEC. 402. EFFECTIVE DATE; APPLICATION OF AMENDMENT. (a) Effective Date.--Except as provided in subsection (b), section 401 and the amendment made by such section shall take effect on the date of the enactment of this Act. (b) Application of Amendment.--The amendment made by section 401 shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.

Employees Pension Security Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require assets of single-employer pension plans to be held in trust by joint boards of trustees. Requires plan sponsors and administrators to provide all material investment information in an accurate form to participants and beneficiaries. Authorizes the Secretary to assess civil penalties for violations of certain information requirements. Sets forth additional requirements for plan termination, to prevent abuse of the bankruptcy and termination process, including requirements relating to: (1) distress termination; (2) bankruptcy court decrees, and the right to intervene to challenge them; (3) consideration of alternatives by the Pension Benefit Guaranty Corporation (PBGC) and the plan sponsor; (4) PBGC efforts at consulting on alternatives with plan participants and their union representatives; and (5) notice of the right to challenge determinations relating to plan termination. Amends federal bankruptcy law to include, in a priority order for recovery of expenses and claims, allowed unsecured claims for benefit liabilities to participants and beneficiaries under a single-employer plan in connection with the plan termination, in excess of the benefits payable to them by the PBGC in connection with such termination.

To amend the Employee Retirement Income Security Act of 1974 and title 11, United State Code, to provide necessary reforms for employee pension benefit plans.

SECTION 1. PERMANENT EXTENSION AND MODIFICATION OF LOW-INCOME HOUSING TAX CREDIT. (a) Permanent Extension.-- (1) In general.--Section 42 of the Internal Revenue Code of 1986 (relating to low-income housing credit) is amended by striking subsection (o). (2) Effective date.--The amendment made by paragraph (1) shall apply to periods after June 30, 1992. (b) Modifications.-- (1) Carryforward rules.-- (A) In general.--Clause (ii) of section 42(h)(3)(D) (relating to unused housing credit carryovers allocated among certain States) is amended by striking ``the excess'' and all that follows and inserting ``the excess (if any) of the unused State housing credit ceiling for the year preceding such year over the aggregate housing credit dollar amount allocated for such year.'' (B) Conforming amendment.--The second sentence of section 42(h)(3)(C) (relating to State housing credit ceiling) is amended by striking ``clauses (i) and (iii)'' and inserting ``clauses (i) through (iv)''. (C) De minimis exception for qualification rule.-- Section 42(h)(3)(D)(iv) (defining qualified State) is amended by adding at the end the following new flush sentence: ``For purposes of subclause (I), unallocated amounts from a State's housing credit ceiling for the preceding calendar year which do not exceed 1 percent of such ceiling shall be disregarded.'' (2) 10-year anti-churning rule waiver expanded.--Clause (ii) of section 42(d)(6)(B) (defining federally assisted building) is amended by inserting ``, 221(d)(4),'' after ``221(d)(3)''. (3) Housing credit agency determination of reasonableness of project costs.--Subparagraph (B) of section 42 (m)(2) (relating to credit allocated to building not to exceed amount necessary to assure project feasibility) is amended-- (A) by striking ``and'' at the end of clause (ii), (B) by striking the period at the end of clause (iii) and inserting ``, and'', and (C) by inserting after clause (iii) the following new clause: ``(iv) the reasonableness of the developmental and operational costs of the project.'' (4) Units with certain full-time students not disqualified.--Subparagraph (D) of section 42(i)(3) (defining low-income unit) is amended to read as follows: ``(D) Certain students not to disqualify unit.--A unit shall not fail to be treated as a low-income unit merely because it is occupied-- ``(i) by an individual who is-- ``(I) a student and receiving assistance under title IV of the Social Security Act, or ``(II) enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State, or local laws, or ``(ii) entirely by full-time students if such students are-- ``(I) single parents and their children and such parents and children are not dependents (as defined in section 152) of another individual, or ``(II) married and file a joint return.'' (5) Treasury waivers of certain de minimis errors and recertifications.--Subsection (g) of section 42 (relating to qualified low-income housing projects) is amended by adding at the end thereof the following new paragraph: ``(8) Waiver of certain de minimis errors and recertifications.--On application by the taxpayer, the Secretary may waive-- ``(A) any recapture under subsection (j) in the case of any de minimis error in complying with paragraph (1), or ``(B) any annual recertification of tenant income for purposes of this subsection, if the entire building is occupied by low-income tenants.'' (6) Basis of community service areas included in adjusted basis.--Paragraph (4) of section 42(d) (relating to special rules relating to determination of adjusted basis) is amended-- (A) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) and (C)'', (B) by redesignating subparagraph (C) as subparagraph (D), and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) Basis of property in community service areas included.--The adjusted basis of any building located in a qualified census tract shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in functionally related and subordinate community activity facilities if-- ``(i) such facilities are designed to serve individuals meeting the income requirements of subsection (g)(1)(B) and employees of the qualified low-income housing project of which the building is a part, and ``(ii) not more than 20 percent of the aggregate eligible basis of all buildings in such project is attributable to the aggregate basis of such facilities. Such facilities the aggregate basis of which is more than 20 percent of such aggregate eligible basis shall not be disqualified under clause (ii), if not more than 20 percent of such aggregate eligible basis claimed by the taxpayer is attributable to such facilities.'' (7) Application of at-risk rules.-- (A) Certified historic structures included.-- Paragraph (1) of section 42(k) (relating to application of at-risk rules) is amended by inserting ``(and, for purposes of computing the credit under section 47(a)(2), the basis of any building subject to such credit which is part of a qualified low-income housing project)'' after ``building''. (B) Qualified nonprofit lenders excluded.-- Subparagraph (A) of section 42(k)(2) (relating to special rules for determining qualified person) is amended by inserting ``which is not a qualified person (as defined in section 49(a)(1)(D)(iv))'' after ``subsection (h)(5))''. (8) Discrimination against tenants prohibited.--Section 42(h)(6)(B) (defining extended low-income housing commitment) is amended by redesignating clauses (iv) and (v) as clauses (v) and (vi) and by inserting after clause (iii) the following new clause: ``(iv) which prohibits the refusal to lease to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder,''. (9) Effective dates.-- (A) In general.--Except as provided in subparagraphs (B) and (C), the amendments made by this subsection shall apply to-- (i) determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings after June 30, 1992, or (ii) buildings placed in service after June 30, 1992, to the extent paragraph (1) of section 42(h) of such Code does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date. (B) Carryforward rules.--The amendments made by paragraph (1) shall apply to calendar years beginning after December 31, 1992. (C) Waiver authority and prohibited discrimination.--The amendments made by paragraphs (2), (5), and (8) shall take effect on the date of the enactment of this Act. (c) Election To Determine Rent Limitation Based on Number of Bedrooms.--In the case of a building to which the amendments made by section 7108(e)(1) of the Revenue Reconciliation Act of 1989 did not apply, the taxpayer may elect to have such amendments apply to such building but only with respect to tenants first occupying any unit in the building after the date of the election, and if the taxpayer has met the requirements of the procedures described in section 42(m)(1)(B)(iii) of the Internal Revenue Code of 1986. Such an election may be made only during the 180 day period beginning on the date of the enactment of this Act. Once made, the election shall be irrevocable.

Amends the Internal Revenue Code to make the low-income housing credit permanent. Modifies provisions concerning unused housing credit carryovers by States to allow States to carry over more unused credits from year to year. Provides that a unit shall not fail to be treated as low-income because it is occupied by students or persons enrolled in job training programs under the Job Training Partnership Act. Authorizes the Secretary of the Treasury to waive: (1) any recapture of credit (required to be included in tax) in the case of any de minimis error in complying with tests for qualified low-income housing projects; or (2) any annual recertification of tenant income if the entire building is occupied by low-income tenants. Determines the adjusted basis of any building (for purposes of the low-income housing credit) by taking into account the adjusted basis of the property used in community activity facilities if: (1) such facilities are designed to serve individuals meeting income requirements for the housing project; and (2) not more than 20 percent of the aggregate eligible basis of all buildings in the project is attributable to the aggregate basis of such facilities. Applies at-risk rules to low-income housing credit property that also qualifies for the historic site rehabilitation credit and to qualified lenders. Adds conditions prohibiting discrimination against Section 8 tenants for purposes of meeting extended low-income housing commitments required to receive credits.

A bill to amend the Internal Revenue Code of 1986 to permanently extend and modify the low-income housing tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Right-to-Know Act of 1999''. SEC. 2. RADIUM 224 IN DRINKING WATER. Section 1412(b)(13) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(13)) is amended by adding at the end the following: ``(H) Radium 224 in drinking water.--A national primary drinking water regulation for radionuclides promulgated under this paragraph shall require testing drinking water for the presence of radium 224 not later than 48 hours after taking a sample of the drinking water.''. SEC. 3. CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER SYSTEMS. Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``The Administrator'' and inserting the following: ``(i) In general.--The Administrator''; (B) in the first sentence-- (i) by striking ``customer of'' and inserting ``consumer of the drinking water provided by''; and (ii) by inserting before the period at the end the following: ``that includes a report on the level of each contaminant that-- ``(I) may be difficult to detect in finished water; and ``(II) may be present at levels that present a public health concern in finished water;''; (C) in the second sentence, by striking ``Such regulations shall provide'' and inserting the following: ``(ii) Regulations.--The regulations shall-- ``(I) provide''; (D) by striking ``contaminant. The regulations shall also include'' and inserting ``contaminant; ``(II) include''; (E) by striking ``water. The regulations shall also provide'' and inserting ``water; ``(III) provide''; (F) by striking the period at the end of the subparagraph and inserting ``; and''; and (G) by adding at the end the following: ``(IV) direct public water systems to mail consumer confidence reports to residential consumers and mail consumer confidence reports suitable for posting to customers providing water to non- residential consumers, in addition to other methods provided for by the regulations.''; (2) in subparagraph (B), by inserting after clause (vi) the following: ``(vii) The requirement that each community water system shall report to consumers of drinking water supplied by that community water system-- ``(I) any detection of a contaminant described in section 1453(a)(2)(D); ``(II) any known or potential health effects of each contaminant detected in the drinking water, to the maximum level of specificity practicable, including known or potential health effects of each contaminant on children, pregnant women, and other vulnerable subpopulations, as determined by the Administrator; ``(III) known or suspected sources of contaminants detected in the drinking water identified by name and location; and ``(IV) information on any health advisory issued for the contaminant, including actions that consumers can take to protect themselves from contamination in the drinking water supplied by the community water system.''; (3) in subparagraph (C)-- (A) in clause (i), by striking ``its customers'' and inserting ``consumers of drinking water provided by the system''; and (B) in clause (iii), by striking ``customers of'' and inserting ``consumers of its drinking water''; (4) in clause (ii) of the second sentence of subparagraph (D), by striking ``of its customers'' and inserting ``consumer of its drinking water''; and (5) by adding at the end the following: ``(F) Notice of newly detected contamination with potential to have adverse health effects.--The procedures under subparagraph (D) shall specify that a public water system shall provide written notice to each consumer by mail or direct delivery-- ``(i) as soon as practicable, but not later than 30 days after the date of discovery of new contamination or a significant increase in contamination (as compared to the level of contamination reported in any previous consumer confidence report) by a regulated contaminant that is above the maximum contaminant level goal for that contaminant; or ``(ii) as soon as practicable, but not later than 30 days after the date of the discovery of new contamination or the detection of a significant increase in contamination (as compared to the level of contamination reported in any previous consumer confidence report) by an unregulated contaminant. ``(G) Definition of consumer.--In this paragraph, the term `consumer' includes-- ``(i) a customer of a public water system; and ``(ii) the ultimate consumer of the drinking water.''. SEC. 4. SOURCE WATER ASSESSMENTS. (a) In General.--Section 1453(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-13(a)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(C) assess the susceptibility of each public water system in the delineated areas to any contaminant that-- ``(i) is subject to a national primary drinking water regulation promulgated under section 1412; ``(ii) is included on a list of unregulated contaminants that is published under section 1412(b)(1)(B); ``(iii) is the subject of a health advisory that has been published by the Administrator; ``(iv) is monitored under the source water assessment program established under this subsection; ``(v) is known or suspected to be from a pollution source, including-- ``(I) a nonpoint source; ``(II) a facility subject to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or ``(III) a factory or other operating facility that generates, treats, stores, disposes of, or releases a material regulated or reported under-- ``(aa) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(bb) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ``(cc) the Clean Air Act (42 U.S.C. 7401 et seq.); or ``(dd) section 313 of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11023); or ``(vi) is monitored by the United States Geological Survey under the National Water Quality Assessment program; ``(D) identify each contaminant described in subparagraph (C) that the State determines presents a threat to public health; ``(E) for each assessment under subparagraph (C), require monitoring for contaminants described in subparagraph (C) if the State determines that a contaminant may have been released by a potentially significant source; ``(F) identify, with the maximum specificity practicable, known or suspected sources of pollution that may threaten public health; ``(G) apply to wellheads, groundwater recharge areas, watersheds, and other assessment areas determined to be appropriate by the Administrator; and ``(H) be developed, updated, and implemented in cooperation with members of the general public that are served by each source water assessment area included in the program.''. (b) Public Availability.--Section 1453(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-13(a)(7)) is amended by inserting ``and all documentation related to the assessments'' after ``assessments''. (c) Plans.--Section 1453(a) of the Safe Drinking Water Act (42 U.S.C. 300j-13(a)) is amended by adding at the end the following: ``(8) Plans.-- ``(A) Initial plan.--Not later than 1 year after the date of enactment of this paragraph, the State shall submit to the Administrator the plan of the State for carrying out this subsection. ``(B) Updates.--Not later than 5 years after the date of the initial submission of the plan and every 5 years thereafter, the State shall update, and submit to the Administrator, the plan of the State for carrying out this subsection.''.

Drinking Water Right-to-Know Act of 1999 - Amends the Safe Drinking Water Act to require a national primary drinking water regulation for radionuclides to require the testing of drinking water for the presence of radium 224 no later than 48 hours after taking a sample. Requires annual consumer confidence reports by community water systems to include a report on the level of each contaminant that may be difficult to detect in finished water and present at levels that present a public health concern in such water. Requires regulations regarding such reports to direct public water systems to mail such reports to residential consumers and such reports suitable for posting to customers providing water to non-residential consumers. Provides that certain procedures for systems serving smaller communities that are not required to mail such report to consumers shall require such systems to notify consumers of new contamination or a significant increase in contamination by a regulated contaminant that is above the maximum contaminant level goal for the contaminant or of such contamination or increase by an unregulated contaminant. Requires State source water assessment programs to assess the susceptibility of each public water system in the delineated areas to any contaminant that is: (1) subject to a national primary drinking water regulation; (2) included on a specified list of unregulated contaminants; (3) the subject of a health advisory published by the Administrator of the Environmental Protection Agency; (4) monitored under such programs; (5) known or suspected to be from a pollution source; or (6) monitored by the U.S. Geological Survey under the National Water Quality Assessment program. Requires such programs to: (1) identify contaminants described in the preceding paragraph that the State determines present a public health threat; (2) require monitoring for such contaminants if a contaminant may have been released by a potentially significant source; (3) identify known or suspected sources of pollution that may threaten public health; (4) apply to wellheads, groundwater recharge areas, watersheds and other areas determined to be appropriate; and (5) be developed, updated, and implemented in cooperation with the public served by the source water assessment areas included in such programs. Directs States to submit plans for such programs to the Administrator. Provides for plan updates every five years.

Drinking Water Right-to-Know Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Labor Amendments of 1993''. TITLE I--CHILD LABOR PROVISIONS SEC. 101. NO PRIOR OFFENSE PREREQUISITE FOR CHILD LABOR VIOLATION. The second sentence of section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended by inserting before the period at the end the following: ``, except that this sentence shall not apply to a violation of section 12''. SEC. 102. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting ``(1)'' after the subsection designation; (3) by adding at the end the following new paragraphs: ``(2) Any person who willfully violates the provisions of section 12, relating to child labor, or any regulation issued under such section, on more than one occasion, shall, on such additional violation, be ineligible-- ``(A) for any grant, contract, or loan provided by an agency of the United States or by appropriated funds of the United States, for 3 years after the date of such additional violation; or ``(B) to pay the training wage authorized by section 6 of Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note), unless the Secretary otherwise recommends, because of unusual circumstances. ``(3) The Secretary shall make available to affected school districts for posting and distribution the name of each employer who violates the provisions of section 12, relating to child labor, or any regulation issued under such section, together with a description of the location and nature of the violation.''. SEC. 103. CERTIFICATES OF EMPLOYMENT. Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) As used in this subsection: ``(A) The term `minor' means an individual who is under the age of 18 and who has not received a high school diploma or its equivalent. ``(B) The term `parent' means a biological parent of a minor or other individual standing in place of the parent to a minor. ``(2) No employer shall employ a minor unless the minor possesses a valid certificate of employment issued in accordance with this subsection. ``(3) The Governor of a State shall designate a State agency to issue certificates of employment to minors in the State. The agency shall make available, on request, a form for the application described in paragraph (4) and shall make available, as part of the certification process, materials describing applicable Federal requirements governing the employment of minors. ``(4) To be eligible to receive a certificate of employment, a minor must submit to the appropriate State agency an application that contains-- ``(A) the name and address of the minor; ``(B) the name and address of the employer; ``(C) proof of age of the minor; and ``(D) if the minor is under the age of 16-- ``(i) a written statement by a parent of the minor that the parent grants consent for employment of the minor; and ``(ii) written verification from the minor's school that the minor is meeting any applicable minimum school attendance requirements established under State law. ``(5) On receipt of an application under paragraph (4), a State agency shall issue to the minor-- ``(A) a certificate of employment, if the requirements of paragraph (4) are met; or ``(B) a statement of the denial of a certificate of employment (including the reasons for the denial), if the requirements of paragraph (4) are not met. ``(6) A certificate of employment issued to a minor under this subsection shall be valid during the period in which the minor is employed by the employer listed on the certificate. ``(7) A certificate of employment issued to a minor under this subsection shall indicate-- ``(A) the name, address, and date of birth of the minor; ``(B) the name and address of the employer; ``(C) restrictions on the times of day and maximum number of hours the minor may be employed and on the employment of the minor in hazardous occupations; and ``(D) the name, address, and telephone number of the State agency that may be contacted for additional information concerning applicable Federal requirements governing the employment of minors. ``(8) The State agency shall provide a copy of a certificate of employment issued to a minor under the age of 16 to the parent of the minor who granted consent pursuant to paragraph (4). ``(9) A State agency shall report annually to the Secretary concerning certificates of employment issued under this subsection. The agency shall include such information as the Secretary requires (including information on the number of deaths and injuries of minors reported pursuant to subsection (f)).''. SEC. 104. INFORMATION ON DEATHS AND INJURIES INVOLVING MINORS; INFORMATION DESCRIBING PROVISIONS OF FEDERAL CHILD LABOR LAW. Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) (as amended by section 103 of this Act) is further amended by adding at the end the following new subsections: ``(f) If a minor in the course of employment suffers death, or an injury resulting in lost work time of more than 3 working days, not later than 10 days after the employer of the minor obtains knowledge of the death or injury, such employer shall provide to the State agency a written description of the death or injury. ``(g) The Secretary shall prepare and distribute to State employment agencies written materials (suitable for posting and mass distribution) that describe the provisions of Federal law and regulations governing the employment of minors.''. SEC. 105. HAZARDOUS CHILD LABOR OCCUPATIONS. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended by adding at the end the following new sentence: ``The Secretary shall find and by order declare that poultry processing, fish and seafood processing, and pesticide handling (among other occupations declared by the Secretary) are occupations that are particularly hazardous for the employment of children between the ages of 16 and 18 for purposes of this subsection.''. SEC. 106. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL WORKERS. (a) Definition of Oppressive Child Labor.--The first sentence of section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended-- (1) by striking ``or'' before ``(2)''; and (2) by inserting before the semicolon the following: ``, or (3) any employee under the age of 14 years is employed in agriculture, except where such employee is employed by a parent of the employee, or by a person standing in the place of a parent of the employee, on a farm owned or operated by such parent or person''. (b) Exemptions.--Section 13(c) of such Act (29 U.S.C. 213(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``(2) or (4)'' and inserting ``(2)''; and (B) by striking ``employed, if such employee--'' and all that follows through the end and inserting ``employed, if such employee is 14 years of age or older.''; and (2) by striking paragraph (4). SEC. 107. REPORTS. Not later than 1, 2, and 3 years after the date of enactment of this Act, the Secretary of Labor shall provide to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on actions taken to carry out, and the effect of, this title and the amendments made by this title, including national and State-by-State information on-- (1) certificates of employment issued to minors under section 12(e) of the Fair Labor Standards Act of 1938 (as added by section 103 of this Act); and (2) deaths and injuries of minors occurring in the course of employment that are reported under section 12(f) of the Fair Labor Standards Act of 1938 (as added by section 104 of this Act). TITLE II--MISCELLANEOUS SEC. 201. REGULATIONS. The Secretary of Labor shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 202. EFFECTIVE DATE. This Act shall become effective 180 days after the date of enactment of this Act.

TABLE OF CONTENTS Title I: Child Labor Provisions Title II: Miscellaneous Child Labor Amendments of 1993 - Title I: Child Labor Provisions - Amends the Fair Labor Standards Act of 1938 to provide that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for three years after determination; and (2) to pay a special training wage below the minimum wage rate. Directs the Secretary of Labor (the Secretary) to make available to affected school districts for posting and distribution the name of each employer who violates child labor provisions or regulations, together with the location and nature of the violation. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents and appropriate local school officials. Requires employers to notify the State agency when they employ a minor. Requires employers of minors who in the the course of employment suffer death or injury resulting in lost work time of more than three days to provide the State agency with a written description of the death or injury within days after its occurrence. Directs the Secretary to find and declare as particularly hazardous for employment of children between the ages of 16 and 18 the following occupations (among others): (1) poultry processing; (2) fish and seafood processing; and (3) pesticide handling. Sets forth child labor protections relating to migrant or seasonal agricultural labor. Prohibits under the definition of oppressive child labor, employing any person under the age of 14 in agriculture, except where the child's parent owns or operates the farm. Directs the Secretary to report to specified congressional committees on actions taken to carry out, and the effect of, this Act, including national and State-by-State information on: (1) certificates of employment issued to minors; and (2) reports of deaths and injuries to minors during employment. Title II: Miscellaneous - Directs the Secretary to issue regulations to carry out this Act.

Child Labor Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Emergency Act''. SEC. 2. PROGRAM AUTHORIZED. (a) In General.--The Secretary is authorized to provide funds to States that have 1 or more schools designated under section 3 as academic emergency schools to provide parents whose children attend such schools with education alternatives. (b) Grants to States.--Grants awarded to a State under this Act shall be awarded for a period of not more than 5 years. SEC. 3. ACADEMIC EMERGENCY DESIGNATION. (a) Designation.--The Governor of each State may designate 1 or more schools in the State that meet the eligibility requirements set forth in subsection (b) as academic emergency schools. (b) Eligibility.--To be designated as an academic emergency school, the school shall be a public elementary school-- (1) with a consistent record of poor performance by failing to meet minimum academic standards as determined by the State; and (2) in which more than 50 percent of the children attending are eligible for free or reduced price lunches under the National School Lunch Act (42 U.S.C. 1751 et seq.). (c) List to Secretary.--To receive a grant under this Act, the Governor shall submit a list of academic emergency schools to the State educational agency and the Secretary. SEC. 4. APPLICATION AND STATE SELECTION. (a) Application.--Each State in which the Governor has designated 1 or more schools as academic emergency schools shall submit an application to the Secretary that includes the following: (1) Assurances.--Assurances that the State shall-- (A) use the funds provided under this Act to supplement, not supplant, State and local funds that would otherwise be available for the purposes of this Act; (B) provide written notification to the parents of every child eligible to receive academic emergency relief funds under this Act, informing the parents of the voluntary nature of the program established under this Act, and the availability of qualified schools within their geographic area; (C) provide parents and the education community with easily accessible information regarding available education alternatives; and (D) not reserve more than 4 percent of the amount made available under this Act to pay administrative expenses. (2) Information.--Information regarding each academic emergency school, for the school year in which the application is submitted, regarding the number of children attending such school, including the number of children who are eligible for free or reduced-price lunch under the National School Lunch Act (42 U.S.C. 1751 et seq.) and the level of student performance. (b) State Awards.-- (1) State selection.--From the amount appropriated pursuant to the authority of section 14 in any fiscal year, the Secretary shall award grants to States in accordance with this section. (2) Priority.--To the extent practicable, the Secretary shall ensure that each State that completes an application in accordance with subsection (a) shall receive a grant of sufficient size to provide education alternatives to not less than 1 academic school. (3) Award criteria.--In determining the amount of a grant award to a State under this Act, the Secretary shall take into consideration the number of schools designated as academic emergencies in the State and the number of eligible students in such schools. (4) State plan.--Each State that applies for funds under this Act shall establish a plan-- (A) to distribute funds to academic emergency schools selected under section 5(a)(1); (B) to ensure that-- (i) the greatest number of eligible students who attend academic emergency schools have an opportunity to receive an academic emergency relief funds; and (ii) each academic emergency school continues to receive, in accordance with section 5(c), payments for each eligible student who leaves the school to attend a qualified school; (C) to develop a simple procedure to allow parents of participating eligible students and selected academic emergency schools to redeem academic emergency relief funds. SEC. 5. AWARDS TO ACADEMIC EMERGENCY SCHOOLS. (a) Subgrant Awards.-- (1) In general.--From amounts made available under this Act to a State and not reserved for administrative expenses under section 4(a)(1)(D), the State shall select academic emergency schools to receive a subgrant based on-- (A) the number of eligible students attending academic emergency school; (B) the availability of qualified schools near such schools; and (C) the academic performance of students in such schools. (2) Class size reduction.--The funds made available to an academic emergency school pursuant to subsection (c)(1)(B) shall be used exclusively to reduce class size. (b) Insufficient Funds.--If the amount of funds made available to a State under this Act is insufficient to provide every eligible student in a selected academic emergency school with academic emergency relief funds, the State shall devise a random selection process to provide eligible students in such school whose family income does not exceed 185 percent of the poverty line the opportunity to participate in education alternatives established pursuant to this Act. (c) Payments.-- (1) In general.--From the funds made available to a State under this Act, a State shall-- (A) pay not more than $3,500 in academic emergency relief funds to the parents of each participating eligible student; and (B) pay $3,500 to an academic emergency school selected for participation under this Act for each participating eligible student who chooses to attend a qualified school. (2) Period of awards.--The academic emergency relief funds awarded to parents of participating eligible students and the amounts distributed to academic emergency schools under paragraph (1) shall be awarded for each school year during the grant period which shall terminate-- (A) when a participating eligible student is no longer a student in the State; or (B) at the end of 5 years, whichever occurs first. (3) Duration.--A State shall continue to receive funds under this Act for distribution to parents of participating eligible students and selected academic emergency schools in accordance with subsection (a). SEC. 6. QUALIFIED SCHOOLS. (a) Qualifications.--A State that submits an application to the Secretary under section 4 shall publish the qualifications necessary for a school to participate as a qualified school under this Act. At a minimum, each such school shall-- (1) provide assurances to the State that it will comply with section 10; (2) certify to the State that the amount charged to a parent using academic relief funds for tuition and fees does not exceed the amount for such tuition and fees charged to a parent not using such relief funds whose child attends the qualified school (excluding scholarship students attending such school); and (3) report to the State, not later than July 30 of each year in a manner prescribed by the State, information regarding student performance. (b) Confidentiality.--No personal identifiers may be used in such report, except that the State may request such personal identifiers solely for the purpose of verification. SEC. 7. ACADEMIC EMERGENCY RELIEF FUNDS. (a) Use of Academic Emergency Relief Funds.--A parent who receives academic emergency relief funds from a State under this Act may use such funds to pay the costs of tuition and mandatory fees for a program of instruction at a qualified school. (b) Not School Aid.--Academic emergency relief funds under this Act shall be considered assistance to the student and shall not be considered assistance to a qualified school. SEC. 8. EVALUATION. (a) Annual Evaluation.-- (1) Contract.--The Comptroller General of the United States shall enter into a contract, with an evaluating agency that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the education alternative program established under this Act. (2) Annual evaluation requirement.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to annually evaluate the education alternative program established under this Act in accordance with the evaluation criteria described in subsection (b). (3) Transmission.--The contract described in paragraph (1) shall require the evaluating agency entering into such contract to transmit to the Comptroller General of the United States the findings of each annual evaluation under paragraph (2). (b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating the education alternative program established under this Act. Such criteria shall provide for-- (1) a description of the effects of the programs on the level of student participation and parental satisfaction with the education alternatives provided pursuant to this Act compared to the educational achievement of students who choose to remain at academic emergency schools selected for participation under this Act; and (2) a description of the effects of the programs on the educational performance of eligible students who receive academic emergency relief funds compared to the educational performance of students who choose to remain at academic emergency schools selected for participation under this Act. SEC. 9. REPORTS BY COMPTROLLER GENERAL. (a) Interim Reports.--Three years after the date of enactment of this Act, the Comptroller General of the United States shall submit an interim report to Congress on the findings of the annual evaluations under section 8(a)(2) for the education alternative program established under this Act. The report shall contain a copy of the annual evaluation under section 8(a)(2) of education alternative program established under this Act. (b) Final Report.--The Comptroller General shall submit a final report to Congress, not later than 7 years after the date of the enactment of this Act, that summarizes the findings of the annual evaluations under section 8(a)(2). SEC. 10. CIVIL RIGHTS. (a) In General.--A qualified school under this Act shall not discriminate on the basis of race, color, national origin, or sex in carrying out the provisions of this Act. (b) Applicability and Construction With Respect to Discrimination on the Basis of Sex.-- (1) Applicability.--With respect to discrimination on the basis of sex, subsection (a) shall not apply to a qualified school that is controlled by a religious organization if the application of subsection (a) is inconsistent with the religious tenets of the qualified school. (2) Single-sex schools, classes, or activities.--With respect to discrimination on the basis of sex, nothing in subsection (a) shall be construed to prevent a parent from choosing, or a qualified school from offering, a single-sex school, class, or activity. SEC. 11. RULES OF CONSTRUCTION. (a) In General.--Nothing in this Act shall be construed to prevent a qualified school that is operated by, supervised by, controlled by, or connected to a religious organization from employing, admitting, or giving preference to persons of the same religion to the extent determined by such school to promote the religious purpose for which the qualified school is established or maintained. (b) Sectarian Purposes.--Nothing in this Act shall be construed to prohibit the use of funds made available under this Act for sectarian educational purposes, or to require a qualified school to remove religious art, icons, scripture, or other symbols. SEC. 12. CHILDREN WITH DISABILITIES. Nothing in this Act shall affect the rights of students, or the obligations of public schools of a State, under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). SEC. 13. DEFINITIONS. As used in this Act: (1) The terms ``local educational agency'' and ``State educational agency'' have the same meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``eligible student'' means a student enrolled in an academic emergency school during the school year in which the Governor designates the school as an academic emergency school in a grade between K and 4th. (3) The term ``Governor'' means the chief executive officer of the State. (4) The term ``parent'' includes a legal guardian or other person standing in loco parentis. (5) The term ``poverty line'' means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (6) The term ``qualified school'' means a public, private, or independent elementary school that meets the requirements of section 6 and any other qualifications established by the State to accept academic emergency relief funds from the parents of participating eligible students. (7) The term ``Secretary'' means the Secretary of Education. (8) The term ``State'' means each of the 50 States and the District of Columbia. SEC. 15. AUTHORIZATIONS OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004, except that the amount authorized to be appropriated may not exceed $200,000,000 for any fiscal year.

(Sec. 3) Authorizes State Governors to designate as academic emergency schools one or more public elementary schools in their States: (1) with a consistent record of poor performance by failing to meet minimum academic standards as determined by the State; and (2) in which more than 50 percent of the children attending are eligible for free or reduced price lunches under the National School Lunch Act. Sets forth requirements for: (1) lists of such schools; (2) State applications, including certain assurances and information; (3) selection, priorities, and criteria for grant awards to States; and (4) State plans. (Sec. 5) Requires recipient States to use such grants to make subgrants to academic emergency schools, based on: (1) the number of eligible students (in grades K through four) attending; (2) the availability of qualified schools near such schools; and (3) the academic performance of students in such schools. Requires the State, if its grant amount is insufficient to provide every eligible student in a selected academic emergency school with academic emergency relief funds, to devise a random selection process to provide eligible students whose family income does not exceed 185 percent of the poverty line the opportunity to participate in education alternatives established pursuant to this Act. Requires States to pay from grant funds: (1) up to $3,500 in academic emergency relief to the parents of each participating eligible student in grades K through four; and (2) $3,500 (for class size reduction only) to an academic emergency school selected for program participation, for each participating eligible student who chooses to attend a qualified school. (Sec. 6) Allows a qualified school to be any public, private, or independent elementary school that meets certain minimum requirements and any other qualifications established by the State to accept academic emergency relief funds from the parents of participating eligible students. Requires applicant States to publish their criteria for a qualified school under this Act. Requires, at a minimum, each such school to provide to the State: (1) assurances of compliance with specified civil rights requirements; (2) certification that the tuition and fees charged to a parent using academic relief funds does not exceed the amount charged to a parent not using such relief funds whose child attends the qualified school (excluding scholarship students); and (3) an annual report on student performance. (Sec. 7) Allows parents to use academic emergency relief funds to pay tuition and mandatory fees for an instruction program at a qualified school. Treats academic emergency relief funds as assistance to the student, not to the qualified school. (Sec. 8) Directs the Comptroller General to arrange for annual evaluations of the education alternative program. (Sec. 10) Prohibits qualified schools from discriminating on the basis of race, color, national origin, or sex in carrying out the provisions of this Act. Makes such sex discrimination prohibition inapplicable if: (1) it is inconsistent with the religious tenets of a qualified school controlled by a religious organization; or (2) it would be construed as preventing a parent from choosing, or a qualified school from offering, a single-sex school, class, or activity. (Sec. 11) Declares that nothing in this Act shall be construed to: (1) prevent a qualified school that is operated by, supervised by, controlled by, or connected to a religious organization from employing, admitting, or giving preference to persons of the same religion to the extent determined by such school to promote the religious purpose for which the qualified school is established or maintained; (2) prohibit the use of funds made available under this Act for sectarian educational purposes; or (3) require a qualified school to remove religious art, icons, scripture, or other symbols. (Sec. 12) Provides that nothing in this Act shall affect the rights of students, or the obligations of public schools of a State, under the Individuals with Disabilities Education Act. (Sec. 15) Authorizes appropriations.

Academic Emergency Act

SECTION 1. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Adjusted Base Price Defined.-- ``(1) In general.--For purposes of this chapter, the term `adjusted base price' means $40 for each barrel of taxable crude oil plus an amount equal to-- ``(A) such base price, multiplied by ``(B) the inflation adjustment for the calendar year in which the taxable crude oil is removed from the property. The amount determined under the preceding sentence shall be rounded to the nearest cent. ``(2) Inflation adjustment.-- ``(A) In general.--For purposes of paragraph (1), the inflation adjustment for any calendar year after 2006 is the percentage by which-- ``(i) the implicit price deflator for the gross national product for the preceding calendar year, exceeds ``(ii) such deflator for the calendar year ending December 31, 2005. ``(B) First revision of price deflator used.--For purposes of subparagraph (A), the first revision of the price deflator shall be used. ``(d) Qualified Investment.--For purposes of this chapter-- ``(1) In general.--The term `qualified investment' means any amount paid or incurred with respect to-- ``(A) section 263(c) costs, ``(B) qualified refinery property (as defined in section 179C(c) and determined without regard to any termination date), ``(C) any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date), and ``(D) any facility for the production of alcohol used as a fuel (within the meaning of section 40) or biodiesel or agri-biodiesel used as a fuel (within the meaning of section 40A). ``(2) Section 263(c) costs.--For purposes of this subsection, the term `section 263(c) costs' means intangible drilling and development costs incurred by the taxpayer which (by reason of an election under section 263(c)) may be deducted as expenses for purposes of this title (other than this paragraph). Such term shall not include costs incurred in drilling a nonproductive well. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of this chapter, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This section shall not apply to taxable crude oil removed after the date which is 3 years after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 2. USE OF PROCEEDS FROM WINDFALL PROFITS ON CRUDE OIL FOR LIHEAP. There are hereby appropriated amounts equivalent to the taxes received in the Treasury under chapter 56 of the Internal Revenue Code of 1986, which amounts shall be available only to carry out the Low- Income Home Energy Assistance Act of 1981.

Amends the Internal Revenue Code to impose upon integrated oil companies an excise tax of 50 percent of their net windfall profit from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $40 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act. Allows a tax deduction for the payment of any windfall profit tax. Appropriates windfall profit tax revenues generated by this Act for the sole purpose of carrying out the Low-Income Home Energy Assistance Act of 1981.

To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and to use the proceeds to carry out the Low-Income Home Energy Assistance Act of 1981.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puppy Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) puppies in the United States are mass-produced at breeding facilities known as ``puppy mills''; (2) those puppies are typically sold at 8 weeks of age to retail operations or to live animal brokers that subsequently sell the puppies to retail operations; (3) there are more than 3,000 commercial dog breeding operations in the United States; (4) problems documented at puppy mills include-- (A) overcrowding in cages; (B) lack of protection from the elements; (C) infestation of food by rodents or insects; (D) overbreeding; (E) inbreeding; (F) lack of proper veterinary care; (G) lack of socialization with humans; and (H) the killing of unwanted animals; (5) lack of early socialization seriously affects a dog's ability to function as part of a human family and contributes to behavior problems such as aggression; (6) factors contributing to the declining health of female dogs and litters include-- (A) the breeding of female dogs during the first estrus cycle when the female dogs are not fully mature; and (B) the breeding of female dogs each estrus cycle without sufficient rest between litters; (7) the Department of Agriculture is responsible for inspecting those facilities using a set of regulations for care and treatment of the puppies and dogs promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.); (8) those facilities continue to operate despite repeated violations of the regulations cited by Department of Agriculture inspectors; and (9) consumers purchase from retail operations puppies that are believed to be healthy and genetically sound, but that-- (A) suffer from an array of physical and behavioral problems after purchase; or (B) harbor genetic diseases and deficiencies that may not surface until several years later. SEC. 3. SOCIALIZATION PLAN; BREEDING RESTRICTIONS. Section 13(a)(2) of the Animal Welfare Act (7 U.S.C. 2143(a)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(C) for the development of an engineering standard, including a written plan of activities, based on the recommendations of animal welfare and behavior experts, for the socialization of dogs to facilitate contact with other dogs and people; and ``(D) for addressing the initiation and frequency of breeding female dogs so that a female dog is not bred-- ``(i) before the female dog has reached at least 1 year of age; and ``(ii) more frequently than 3 times in any 24-month period.''. SEC. 4. REVOCATION OF LICENSE. Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended-- (1) by striking ``Sec. 19. (a) If the Secretary'' and inserting the following: ``SEC. 19. SUSPENSION OR REVOCATION OF LICENSE, CIVIL PENALTIES, JUDICIAL REVIEW, AND CRIMINAL PENALTIES. ``(a) Suspension or Revocation of License.-- ``(1) In general.--If the Secretary''; (2) in subsection (a)-- (A) in paragraph (1) (as designated by paragraph (1)), by striking ``if such violation'' and all that follows and inserting ``if the Secretary determines that 1 or more violations have occurred.''; and (B) by adding at the end the following: ``(2) Mandatory revocation.--If any person licensed as a dealer, exhibitor, or operator of an auction sale subject to section 12, is found, after notice and opportunity for hearing, to have violated any of the rules, regulations, or standards governing the humane handling, transportation, veterinary care, housing, breeding, socialization, feeding, watering, or other humane treatment of animals under section 12 or 13 on 3 or more separate occasions within any 8-year period, the Secretary, on finding a third violation, shall revoke the license of the person unless the Secretary makes a written finding that the violations were minor and inadvertent, that the violations did not pose a threat to the animals, or that revocation is inappropriate for other good cause.''; (3) in subsection (b), by striking ``(b) Any dealer'' and inserting ``(b) Civil Penalties.--Any dealer''; (4) in subsection (c), by striking ``(c) Any dealer'' and inserting ``(c) Judicial Review.--Any dealer''; and (5) in subsection (d), by striking ``(d) Any dealer'' and inserting ``(d) Criminal Penalties.--Any dealer''. SEC. 5. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to carry out the amendments made by this Act, including development of the standards required by the amendment made by section 3.

Puppy Protection Act of 2001 - Amends the Animal Welfare Act to: (1) include among humane standards for animal treatment provisions respecting socialization of dogs to facilitate contact with other dogs and people, and breeding initiation and frequency of female dogs; (2) revise temporary license suspension provisions; and (3) establish mandatory suspension provisions.

A bill to amend the Animal Welfare Act to improve the treatment of certain animals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Promotion Funding Integrated Research, Synthesis, and Training Act'' or the ``Health Promotion FIRST Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. (2) Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. (3) A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. (4) The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. (5) Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. (6) Medical care costs are second only to education in State government budgets. (7) Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. (8) National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately \1/2\ of these costs were paid by the Medicare & Medicaid Programs. (9) More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. (10) Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. (11) Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. (12) Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. (13) Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. (14) The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. (15) Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. (16) People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. (17) Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. SEC. 3. HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXI--HEALTH PROMOTION RESEARCH AND DISSEMINATION ``Subtitle A--Coordination of Programs of the Department of Health and Human Services ``SEC. 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. ``(a) In General.--The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to-- ``(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; ``(2) analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; ``(3) undertake and support necessary activities and programs to-- ``(A) incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care; ``(B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living; and ``(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; and ``(4) undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. ``(b) Basic and Applied Science.--The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including-- ``(1) a research agenda; ``(2) an identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda; ``(3) protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda; and ``(4) budgetary requirements with respect to the agenda. ``(c) Dissemination of Information.--The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: ``(1) Protocols for ongoing monitoring of all health promotion research. ``(2) Preparation of systematic reviews and meta-analyses. ``(3) Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. ``(4) Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. ``(5) Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. ``(6) Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). ``(d) Rural and Low-Income Needs.--The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. ``(e) Support and Development of Professional and Scientific Community.--The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. ``(f) Integration of Health Promotion; Internal Department Activities.--The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. ``(g) Integration of Health Promotion External Activities.--The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. ``(h) Other Federal Strategic Plans.--The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). ``(i) Perspectives.--Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: ``(1) Agriculture. ``(2) Anthropology. ``(3) Child development. ``(4) City planning. ``(5) Commerce. ``(6) Economics. ``(7) Environmental planning and design. ``(8) Exercise physiology. ``(9) Financial analysis. ``(10) Health education. ``(11) Health policy. ``(12) Individual psychology. ``(13) Management. ``(14) Medicine. ``(15) Nursing. ``(16) Nutrition. ``(17) Organization psychology. ``(18) Taxation. ``(19) Transportation planning. ``Subtitle B--Science Programs Through National Institutes of Health ``SEC. 3111. SCIENCE OF HEALTH PROMOTION. ``(a) Plan.--The Director of the National Institutes of Health (referred to in this subtitle as `NIH'), acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). ``(b) Certain Components of Plan.--The plan developed under subsection (a) shall include the following provisions: ``(1) A research agenda to develop the science of health promotion. ``(2) Recommendations on funding levels for the various areas of research on such agenda. ``(3) Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. ``(c) Allocation of Resources.--Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. ``SEC. 3112. EARLY RESEARCH PROGRAMS. ``The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. ``Subtitle C--Applied Research Programs Through Centers for Disease Control and Prevention ``SEC. 3121. RESEARCH AGENDA. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subtitle as the `Director of CDC'), shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). ``SEC. 3122. PREVENTION RESEARCH CENTERS. ``(a) In General.--The Director of the National Center for Chronic Disease Prevention and Health Promotion (referred to in this section as the `Director') shall expand the eligibility of entities for Prevention Research Centers (referred to in this section as `Centers') grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. ``(b) Entities Described.--The entities described in this subsection include-- ``(1) institutions of higher education; ``(2) public and private research institutions; ``(3) departments or schools of-- ``(A) business; ``(B) city planning; ``(C) education; ``(D) nursing; ``(E) psychology; ``(F) public policy; ``(G) transportation; ``(H) social work; ``(I) agriculture; ``(J) nutrition; ``(K) engineering; ``(L) architecture; ``(M) exercise science; ``(N) health promotion; ``(O) population health; ``(P) preventive medicine; ``(Q) public health; and ``(R) any other program that can make a compelling connection to improving the health of the public; and ``(4) private research, membership, or service organizations. ``Subtitle D--Other Programs and Policies ``SEC. 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS; DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. ``(a) Modification of Awards Application Process.--In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. ``(b) General Priority of Developing Health Promotion Infrastructure.--The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.''.

Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion; (2) synthesize and disseminate health promotion research; (3) meet health promotion needs in rural and low-income inner city areas; (4) support and develop the health promotion and scientific community; and (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies; and (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.

To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congress 2000 Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Congress 2000 Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) analyze the current size of the membership of the House of Representatives considering the requirement for the institution to carry out its responsibilities in an effective manner under the challenges of the new century; (2) examine alternatives to the current method by which Representatives are elected (including cumulative voting and proportional representation) to determine if such alternatives would make the House of Representatives a more representative body; (3) provide consideration to the continuing dissolution of adherence to the platforms and candidates of the Nation's two major political parties as well as to the reduction in electoral participation by the citizenry; (4) consider whether alternative methods of electing House Members might include more citizens in the electoral process; (5) to the extent necessary, formulate proposals for changes in the size of the membership of, and the method of electing Representatives to, the House of Representatives; and (6) not later than the end of the One Hundred Fifth Congress, submit to the President and the Congress a report of the work of the Commission, together with a draft of legislation (including technical and conforming provisions) to implement the proposals referred to in paragraph (5). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, as follows: (1) Two members appointed by the President. (2) Ten members appointed by the House of Representatives, in the manner prescribed by the House of Representatives. (3) Three members appointed by the Senate, in the manner prescribed by the Senate. (b) Qualifications.--In making appointments under this section, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise in politics or government. (c) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Pay and Travel.--Each member of the Commission, other than a full-time officer or employee of the United States-- (1) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and (2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairman.--The Chairman of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 5. STAFF. (a) In General.--With the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (b) Experts and Consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. TERMINATION. The Commission shall cease to exist on the last day of the month in which its report is submitted under section 3.

Congress 2000 Commission Act - Establishes the Congress 2000 Commission: (1) to analyze the current size of the membership of the House of Representatives; (2) to determine whether alternatives to the current method by which Representatives are elected would make the House a more representative body; (3) to consider the continuing dissolution of adherence to the platforms and candidates of the Nation's two major political parties as well as to the reduction in electoral participation by the citizenry; (4) to consider whether alternative methods of electing House Members might include more citizens in the electoral process; (5) to the extent necessary, to formulate proposals for changes in the size of the membership of, and the method of electing Representatives to, the House; and (6) by the end of the 105th Congress, to report to the President and the Congress on its work, together with a draft of legislation to implement such proposals.

Congress 2000 Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Remote Monitoring Services Coverage Act of 2001''. SEC. 2. COVERAGE OF REMOTE MONITORING SERVICES. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by inserting ``and'' at the end of subparagraph (V); and (3) by inserting after subparagraph (V) the following new subparagraph: ``(W) remote monitoring services that are-- ``(i) determined by the Secretary to provide comparable data to face-to-face encounter-based monitoring services (as such terms are defined in subsection (ww)); and ``(ii) provided to an individual who would otherwise be entitled to receive coverage under this title of the face-to-face encounter-based monitoring service that the Secretary determines under clause (i) to provide comparable data to the remote monitoring service;''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``remote monitoring services ``(ww)(1) The term `remote monitoring services' means any service provided through a system of technology that allows the collection of clinical data and the transmission of such data between a patient at a distant location and a physician through a remote interface so that the physician may conduct a clinical review of such data or provide a response relating to such data. ``(2) The term `face-to-face encounter-based monitoring services' means any in-office or facility-based service for which payment may be made under this title with a code that is specific to the collection of clinical data and the transmission of such data between a patient and a physician so that the physician may conduct a clinical review of such data or provide a response relating to such data. ``(3) For purposes of this subsection, the term `distant location' means any location that is outside of the office or the facility of the patient's physician. ``(4) Coverage of remote monitoring services under this title with respect to an individual may not be restricted based on the geographic area of residence of the individual.''. (c) Payment Under Physician Fee Schedule.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (c), by adding at the end the following new paragraph: ``(7) Treatment of remote monitoring services.-- ``(A) Conversion factor and relative value units.-- The Secretary may not decrease the conversion factor or the number of relative value units applicable to a remote monitoring service (as defined in section 1861(ww)(1)) covered under this title pursuant to section 1861(s)(2)(W) from the conversion factor or the number of relative value units applicable to the face- to-face encounter-based monitoring service (as defined in section 1861(ww)(2)) that the Secretary determines provides comparable data to such remote monitoring service. ``(B) Frequency guidelines.--A remote monitoring service (as so defined) covered under this title pursuant to section 1861(s)(2)(W) shall be subject to the same guidelines developed on the frequency of billing for the face-to-face encounter-based monitoring service (as so defined) that the Secretary determines provides comparable data to such remote monitoring service.''; and (2) in subsection (j)(3), by inserting ``(2)(W),'' after ``(2)(S),''. (d) Budget Neutrality.--The Secretary of Health and Human Services shall implement the amendments made by this section in a budget-neutral manner. In applying subparagraph (D) of section 1848(f)(2) of the Social Security Act, the enactment of this section shall not be treated as a change in law or regulations resulting, but the Secretary shall adjust the sustainable growth rate under such section so as to eliminate a new increase in expenditures (if any) resulting from the enactment of this section. (e) Construction.--Nothing in this section shall be construed to prohibit the request for, or the issuance by the Secretary of Health and Human Services of, a separate billing code for any remote monitoring service (as defined in section 1861(ww)(1) of the Social Security Act (42 U.S.C. 1395x(ww)(1)), as added by subsection (b)) through an authority of the Secretary of Health and Human Services other than the authority provided by the amendments made by this section. (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2003.

Medicare Remote Monitoring Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of remote monitoring services under Medicare.

To amend title XVIII of the Social Security Act to provide for coverage of remote monitoring services under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Foreclosure Rescue and Loan Modification Services Fraud Prevention Act of 2009''. SEC. 2. FTC RULEMAKING AUTHORITY MORTGAGE FORECLOSURE RESCUE AND LOAN MODIFICATION SERVICES. (a) Rulemaking.-- (1) In general.--The Federal Trade Commission shall conduct a rulemaking proceeding, beginning no later than 90 days after the date of the enactment of this Act, with respect to mortgage foreclosure rescue and loan modification services, in accordance with section 553 of title 5, United States Code. The rulemaking shall include the requirements set forth in paragraph (4) below. (2) Exclusion.--A rule described in paragraph (1) shall not apply to an entity that is not subject to enforcement by the Commission under the Federal Trade Commission Act. (3) Enforcement.-- (A) Violations.--Any violation of a rule prescribed under this subsection shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (B) Powers and manner of enforcement.--The Federal Trade Commission shall enforce any rule prescribed under this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this section. (4) Rule requirements.--The Federal Trade Commission shall include in the rule prescribed under this subsection the following: (A) A requirement that any mortgage foreclosure rescue or loan modification service provided to a homeowner related to the foreclosure of residential real property contain a written contract that contains clear and prominent disclosures regarding the nature of the contract, the services to be provided and results to be achieved, and the total amount and terms of compensation. (B) A requirement that any contract referred to in subparagraph (A) contain a clearly and prominently disclosed right for the homeowner to cancel within a set number of business days as determined by the Federal Trade Commission with no penalty or obligation. (C) A requirement that prohibits or restricts mortgage foreclosure rescue and loan modification services from requesting or receiving any funds until any such services have been fully performed and results have been achieved and the services and results have been documented to the consumer. (D) Other prohibitions or restrictions on mortgage foreclosure rescue and loan modification services that are unfair or deceptive acts or practices. (5) Exemption.--The Commission shall have the authority to exempt entities from the requirements of the rule that it issues to implement this Act, if it determines that the inclusion of such entities in the rule is not necessary to prevent or deter consumer injury. (6) No preemption.--No rule prescribed under this subsection may be construed as preempting any provision of the law of any State. (b) Enforcement by State Attorneys General.-- (1) In general.--Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; (D) obtain penalties provided for under subsection (a); and (E) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) Notice to commission.--The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. (B) Copy of complaint.--The notice served under subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by ftc.--Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening-- (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause.--No provision of this section shall be construed as-- (A) preventing the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence; or (B) prohibiting the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder.--In a civil action brought under paragraph (1)-- (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with the defendant or a related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by ftc.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees.--If the attorney general of a State prevails in any civil action under paragraph (1), the State may recover reasonable costs and attorney fees from the defendant or a related party.

Mortgage Foreclosure Rescue and Loan Modification Services Fraud Prevention Act of 2009 - Directs the Federal Trade Commission (FTC) to conduct a rulemaking proceeding with respect to mortgage foreclosure rescue and loan modification services. Directs the FTC to include in the rule, among other things, requirements that: (1) any residential real property mortgage foreclosure rescue or loan modification service provided to a homeowner contain a written contract meeting specified criteria; (2) any such contract contain a clearly and prominently disclosed right for the homeowner to cancel within a set number of business days with no penalty or obligation; and (3) prohibits or restricts mortgage foreclosure rescue and loan modification services from requesting or receiving any funds until any such services have been fully performed, results have been achieved, and both have been documented to the consumer.

To require the Federal Trade Commission to conduct a rulemaking proceeding with respect to mortgage foreclosure rescue and loan modification services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Choice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States was founded on core principles, such as liberty, personal privacy, and equality, which ensure that individuals are free to make their most intimate decisions without governmental interference and discrimination. (2) One of the most private and difficult decisions an individual makes is whether to begin, prevent, continue, or terminate a pregnancy. Those reproductive health decisions are best made by women, in consultation with their loved ones and health care providers. (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized that the right to privacy protected by the Constitution encompasses the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to begin, prevent, continue, or terminate a pregnancy. (4) The Roe v. Wade decision carefully balances the rights of women to make important reproductive decisions with the State's interest in potential life. Under Roe v. Wade and Doe v. Bolton, the right to privacy protects a woman's decision to choose to terminate her pregnancy prior to fetal viability, with the State permitted to ban abortion after fetal viability except when necessary to protect a woman's life or health. (5) These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision in 1973, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the risk of unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. Before Roe, it is estimated that thousands of women died annually in the United States as a result of illegal abortions. (6) In countries in which abortion remains illegal, the risk of maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy- related deaths occurring annually around the world, 80,000 are associated with unsafe abortions. (7) The Roe v. Wade decision also expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, ``[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.''. (8) Even though the Roe v. Wade decision has stood for more than 30 years, there are increasing threats to reproductive health and freedom emerging from all branches and levels of government. In 2006, South Dakota became the first State in more than 15 years to enact a ban on abortion in nearly all circumstances. Supporters of this ban have admitted it is an attempt to directly challenge Roe in the courts. Other States are considering similar bans. (9) Further threatening Roe, the Supreme Court recently upheld the first-ever Federal ban on abortion, which has no exception to protect a woman's health. The majority decision in Gonzales v. Carhart and Gonzales v. Planned Parenthood Federation of America permits the government to interfere with a woman's right to choose to terminate a pregnancy and effectively overturns a core tenet of Roe v. Wade by abandoning more than 30 years of protection for women's health. Dissenting in that case, Justice Ginsburg called the majority's opinion ``alarming,'' and stated that, ``[f]or the first time since Roe, the Court blesses a prohibition with no exception safeguarding a woman's health.'' Further, she said, the Federal ban ``and the Court's defense of it cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court.''. (10) Legal and practical barriers to the full range of reproductive services endanger women's health and lives. Incremental restrictions on the right to choose imposed by Congress and State legislatures have made access to abortion care extremely difficult, if not impossible, for many women across the country. Currently, 87 percent of the counties in the United States have no abortion provider. (11) While abortion should remain safe and legal, women should also have more meaningful access to family planning services that prevent unintended pregnancies, thereby reducing the need for abortion. (12) To guarantee the protections of Roe v. Wade, Federal legislation is necessary. (13) Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern. (14) Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws. (15) Federal protection of a woman's right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because-- (A) many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection; (B) reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of- State suppliers; and (C) reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients. SEC. 3. DEFINITIONS. In this Act: (1) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State. (2) State.--The term ``State'' means each of the States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (3) Viability.--The term ``viability'' means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman. SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED. (a) Statement of Policy.--It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman. (b) Prohibition of Interference.--A government may not-- (1) deny or interfere with a woman's right to choose-- (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. (c) Civil Action.--An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby. SEC. 6. RETROACTIVE EFFECT. This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health. Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action.

To protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hate Crimes Hotline Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On December 7, 2008, Jose Sucuzhanay, an Ecuadorian- born real estate agent and father of two, was beaten to death in Brooklyn while walking with his brother, who was visiting from Ecuador. Three men with baseball bats attacked the brothers while shouting anti-gay and anti-Hispanic slurs. (2) Marcelo Lucero, 37 years of age, came to the United States from Ecuador in 1993. He settled in Patchogue, New York, a middle-class village in central Long Island. He worked in a dry cleaning store and sent his savings home to his mother, a cancer survivor, whom he had not seen since he left 16 years ago. On the night of November 8, 2008, shortly before midnight, seven teenagers got out of their car and taunted Lucero with racist slurs as he walked home. They then beat and murdered Marcelo Lucero. According to the indictment, the boys set out that night to find someone of Hispanic heritage to assault. (3) The number of hate groups in the United States has increased by 54 percent over the past 8 years. (4) In 2008, the Federal Bureau of Investigation reported a 6 percent rise in the number of hate crimes against gay, lesbian, and transgender people. (5) According to the Federal Bureau of Investigation, attacks on Hispanics grew 40 percent from 2003 to 2007, even though the Hispanic population only grew 16 percent in the same time period and the total number of hate crimes has remained steady. SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND ASSISTANCE WEBSITE. (a) In General.--The Attorney General may award one or more grants to private, nonprofit entities-- (1) to provide for the establishment and operation of a national, toll-free telephone hotline to provide information and assistance to victims of hate crimes (hereafter in this section referred to as the ``national hate crime hotline''; and (2) to provide for the establishment and operation of a highly secure Internet website to provide that information and assistance to such victims (hereafter in this section referred to as the ``hate crime information and assistance website''). (b) Duration.--A grant under this section may extend over a period of not more than 5 years. (c) Annual Approval.--The provision of payments under a grant awarded under this section shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for each fiscal year to make the payments. (d) Hotline Activities.--An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(1) shall use funds made available through the grant to establish and operate a national hate crime hotline. In establishing and operating the hotline, the entity shall-- (1) contract with a carrier for the use of a toll-free telephone line; (2) employ, train, (including technology training), and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis; (3) assemble and maintain a current database of information relating to services for victims of hate crimes to which callers throughout the United States may be referred; (4) publicize the national hate crime hotline to potential users throughout the United States; and (5) be prohibited from asking hotline callers about their citizenship status. (e) Secure Website Activities.-- (1) In general.--An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(2) shall use funds made available through the grant to provide grants for startup and operational costs associated with establishing and operating a hate crime information and assistance website. (2) Availability.--The hate crime information and assistance website shall be available to the entity operating the national hate crime hotline. (3) Information.--The hate crime information and assistance website shall provide accurate information that describes the services available to victims of hate crimes, including health care and mental health services, social services, transportation, and other relevant services. (4) Rule of construction.--Nothing in this section shall be construed to require any shelter or service provider, whether public or private, to be linked to the hate crime information and assistance website or to provide information to the recipient of the grant described in paragraph (1) or to the website. (f) Application.--The Attorney General may not award a grant under this section unless the Attorney General approves an application for such grant. To be approved by the Attorney General under this subsection an application shall-- (1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Attorney General shall prescribe through notice in the Federal Register; (2) in the case of an application for a grant to carry out activities described in subsection (a)(1), include a complete description of the applicant's plan for the operation of a national hate crime hotline, including descriptions of-- (A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; (B) the hiring criteria for hotline personnel; (C) the methods for the creation, maintenance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non-English speaking callers, including service through hotline personnel who speak Spanish; and (F) a plan for facilitating access to the hotline by persons with hearing impairments; (3) in the case of an application for a grant to carry out activities described in subsection (a)(2)-- (A) include a complete description of the applicant's plan for the development, operation, maintenance, and updating of information and resources of the hate crime information and assistance website; (B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of hate crime victims; and (C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; (4) demonstrate that the applicant has recognized expertise in the area of hate crimes and a record of high quality service to victims of hate crimes, including a demonstration of support from advocacy groups; (5) demonstrate that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, religious, and non-English speaking minorities, in addition to older individuals, individuals with disabilities, and individuals of various gender, gender identity, and sexual orientation; and (6) contain such other information as the Attorney General may require. (g) Hate Crime Defined.--For purposes of this Act, the term ``hate crime'' means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, or sexual orientation of any person. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2010 through 2014. (2) Website.--Of the amounts appropriated pursuant to paragraph (1) for a year, not less than 10 percent shall be used for purposes of carrying out subsection (a)(2). (3) Availability.--Funds authorized to be appropriated under paragraph (1) may remain available until expended. SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM. (a) In General.--The Attorney General may award grants to eligible State and local law enforcement entities for educational and training programs on solving hate crimes (as defined in section 1(g)) and establishing community dialogues with groups whose members are at-risk of being victims of such hate crimes. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State or local law enforcement entity must be in compliance with reporting requirements applicable to such entity pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note). (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2010 and each succeeding fiscal year. SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM. (a) In General.--The Attorney General shall establish a grant program within the Office for Victims of Crime in the Office of Justice Programs, under which the Attorney General may award grants to local community based organizations, nonprofit organizations, and faith-based organizations to establish or expand local programs and activities that serve targeted areas and that provide legal, health (including physical and mental health), and other support services to victims of hate crimes (as defined in section (1)(g)). Grant funds may be used for activities including hiring counselors and providing training, resources, language support services, and information to such victims. (b) Targeted Area Defined.--For purposes of this section, the term ``targeted area'' means an area with a demonstrated lack of resources, as determined by the Attorney General, for victims of hate crimes. (c) Funding Restriction.--None of the funds from a grant made under this section may be used-- (1) by an organization that discriminates against an individual on the basis of religion; or (2) for purposes of promoting religious beliefs or views. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2010 and each succeeding fiscal year.

National Hate Crimes Hotline Act of 2009 - Authorizes the Attorney General to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes; and (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of communities who are at-risk of being victims of hate crimes. Directs the Attorney General to establish a program for awarding grants to local organizations to establish or expand programs that provide services to victims of hate crimes.

To establish grant programs to provide for the establishment of a national hate crime hotline and a hate crime information and assistance website, to provide training and education to local law enforcement to prevent hate crimes, and to provide assistance to victims of hate crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2005''. SEC. 2. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR. (a) Commission Membership.--Section 3(b) of Public Law 99-646 (16 U.S.C. 461 note) is amended-- (1) by striking ``nineteen members'' and inserting ``25 members''; (2) in paragraph (2) by striking ``Massachusetts Department of Environmental Management'' and inserting ``Massachusetts Executive Office of Environmental Affairs''; (3) in paragraph (3)-- (A) by striking ``four representatives'' and inserting ``5 representatives''; and (B) by striking the ``; and'' and inserting a semicolon; (4) in paragraph (4)-- (A) by striking ``2 individuals, nominated by the Governor of Massachusetts and two individuals nominated by the Governor of Rhode Island'' and inserting ``3 individuals, nominated by the Governor of Massachusetts and 3 individuals nominated by the Governor of Rhode Island''; and (B) by striking the period and inserting ``; and''; and (5) by inserting after paragraph (4) the following: ``(5) 1 individual from Massachusetts and 1 individual from Rhode Island, each to be appointed by the Secretary to represent non-governmental organizations, having expertise and interest in on or more of the following fields: historic preservation, conservation, outdoor recreation, cultural conservation, traditional arts, community development, and tourism.''. (b) Quorum.--Section 3(f) of Public Law 99-647 (16 U.S.C. 461 note) is amended by striking ``Ten members of the Commission'' and inserting ``Thirteen members of the Commission''. (c) Update of Plan.--Section 6 of Public Law 99-647 (16 U.S.C. 461 note) is amended by adding at the end the following: ``(e) Update of Plan.--(1) Not later than 2 years after the date of the enactment of this subsection, the Commission shall update the plan. ``(2) In updating the plan under paragraph (1), the Commission shall take into account the findings included in the Sustainability Study Report that was prepared for the Blackstone River Valley National Heritage Corridor Commission, and as a case study for the National Park System Advisory Board Partnership Committee on the future of National Heritage Areas in the National Park System. ``(3) The update shall include-- ``(A) performance goals; ``(B) options for resource protection, interpretation, and enhancements, including funding program; and ``(C) sustainable partnership strategies. ``(4) The Secretary shall approve or disapprove any changes (other than minor revisions) to the plan proposed in the update in accordance with subsection (b).''. (d) Extension of Commission.--Public Law 99-647 (16 U.S.C. 461 note) is amending section 7 to read as follows: ``SEC. 7. TERMINATION OF COMMISSION. ``The Commission shall terminate on the date that is 10 years after the date of the enactment of the John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2005.''. (e) Authorization of Appropriations.--Section 10 of Public Law 99- 647 (16 U.S.C. 461 note) is amended-- (1) in subsection (a), by striking ``650,00'' and inserting ``1,000,000''; and (2) by amending subsection (b) to read as follows: ``(b) Development Funds.--There is authorized to be appropriated to carry out section 8(c) not more than $10,000,000 for the period of fiscal years 2006 through 2016, to remain available until expended.''. SEC. 3. SPECIAL RESOURCE STUDY. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall complete a special resource study to evaluate-- (1) the sites and associated landscape features that contribute to the understanding of the Blackstone River Valley as the Birthplace of the American Industrial Revolution; (2) the suitability and feasibility of designating one or more sites and landscapes features within the boundaries of the John H. Chafee Blackstone River Valley National Heritage Corridor as a unit of the National Park System; and (3) opportunities to coordinate and complement actions by the Commission, local governments, and State and Federal agencies in the preservation and interpretation of significant resources within the National Heritage Corridor. (b) Coordination.--The Secretary shall coordinate the study conducted under this section with the John H. Chafee Blackstone River Valley National Heritage Corridor Commission. (c) Report.--Not later than 30 days after the date on which the study conducted under this section is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the study required by this section.

John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2005 - Requires the John. H. Chafee Blackstone River Valley National Heritage Corridor Commission to update the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor. Terminates the Commission ten years after this Act's enactment. Directs the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor as the birthplace of the industrial revolution in the United States, and evaluate the possibility of: (1) designating one or more site or landscape feature as a unit of the National Park System; and (2) coordinating and complementing actions by the Commission, local governments, and state and federal agencies in the preservation and interpretation of significant resources within the Corridor.

To provide for the update of the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor, to extend the authority of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission, to authorize a special resources study to evaluate the suitability and feasibility of a national park unit within the Corridor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anabolic Steroid Control Act of 2004''. SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS FACILITIES. (a) In General.--Part D of the Controlled Substances Act is amended by adding at the end the following: anabolic steroid offenses near sports facilities ``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416 by manufacturing, distributing, or possessing with intent to distribute, an anabolic steroid near or at a sports facility is subject to twice the maximum term of imprisonment, maximum fine, and maximum term of supervised release otherwise provided by section 401 for that offense. ``(b) As used in this section-- ``(1) the term `sports facility' means real property where athletic sports or athletic training takes place, if such property is privately owned for commercial purposes or if such property is publicly owned, but does not include any real property described in section 419; ``(2) the term `near or at' means in or on, or within 1000 feet of; and ``(3) the term `possessing with intent to distribute' means possessing with the intent to distribute near or at a sports facility.''. (b) Table of Contents Amendment.--The table of contents for Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following new item: ``Sec. 424. Anabolic steroid offenses near sports facilities.''. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving anabolic steroids; (2) consider amending the Federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner that reflects the seriousness of such offenses and the need to deter anabolic steroid use; and (3) take such other action that the Commission considers necessary to carry out this section. SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (41)-- (A) by realigning the margin so as to align with paragraph (40); and (B) by striking subparagraph (A) and inserting the following: ``(A) The term `anabolic steroid' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes-- ``(i) androstanediol-- ``(I) 3b,17b-dihydroxy-5a-androstane; and ``(II) 3a,17b-dihydroxy-5a-androstane; ``(ii) androstanedione (5a-androstan-3,17-dione); ``(iii) androstenediol-- ``(I) 1-androstenediol (3b,17b-dihydroxy-5a- androst-1-ene); ``(II) 1-androstenediol (3a,17b-dihydroxy-5a- androst-1-ene); ``(III) 4-androstenediol (3b,17b-dihydroxy-androst- 4-ene); and ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst- 5-ene); ``(iv) androstenedione-- ``(I) 1-androstenedione ([5a]-androst-1-en-3,17- dione); ``(II) 4-androstenedione (androst-4-en-3,17-dione); and ``(III) 5-androstenedione (androst-5-en-3,17- dione); ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en- 3-one); ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one); ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4- en-3-one); ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3- one); ``(ix) dehydrochlormethyltestosterone (4-chloro-17b- hydroxy-17a-methylandrost-1,4-dien-3-one); ``(x) D1-dihydrotestosterone (also known as 1-testosterone) (17b-hydroxy-5a-androst-1-en-3-one); ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one); ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3- one); ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene); ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b- dihydroxyandrost-4-en-3-one); ``(xv) formebolone (2-formyl-17a-methyl-11a,17b- dihydroxyandrost-1,4-dien-3-one); ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]- furazan); ``(xvii) 13a-ethyl-17b-hydroxygon-4-en-3-one; ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4- en-3-one); ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr- 4-en-3-one); ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3- one); ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan- 3-one); ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4- dien-3-one); ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost- 5-ene); ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en- 3-one); ``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost- 4-en-3-one); ``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en- 3-one); ``(xxvii) 17a-methyl-D1-dihydrotestosterone (17 b-hydroxy- 17a-methyl-5a-androst-1-en-3-one) (also known as `17-a-methyl- 1-testosterone'); ``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one); ``(xxix) norandrostenediol-- ``(I) 19-nor-4-androstenediol (3b, 17b- dihydroxyestr-4-ene); ``(II) 19-nor-4-androstenediol (3a, 17b- dihydroxyestr-4-ene); ``(III) 19-nor-5-androstenediol (3b, 17b- dihydroxyestr-5-ene); and ``(IV) 19-nor-5-androstenediol (3a, 17b- dihydroxyestr-5-ene); ``(xxx) norandrostenedione-- ``(I) 19-nor-4-androstenedione (estr-4-en-3,17- dione); and ``(II) 19-nor-5-androstenedione (estr-5-en-3,17- dione); ``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en- 3-one); ``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3- one); ``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en- 3-one); ``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]- androstan-3-one); ``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4- en-3-one); ``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b- hydroxy-[5a]-androstan-3-one); ``(xxxvii) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst- 2-eno[3,2-c]-pyrazole); ``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst- 1-en-3-one); ``(xxxix) testolactone (13-hydroxy-3-oxo-13,17- secoandrosta-1,4-dien-17-oic acid lactone); ``(xl) testosterone (17b-hydroxyandrost-4-en-3-one); ``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b- hydroxygon-4,9,11-trien-3-one); ``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and ``(xliii) any salt, ester, or ether of a drug or substance described in this paragraph;''; and (2) in paragraph (44), by inserting ``anabolic steroids,'' after ``marihuana,''. (b) Authority and Criteria for Classification.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (1) in paragraph (1), by striking ``substance from a schedule if such substance'' and inserting ``drug which contains a controlled substance from the application of titles II and III of the Comprehensive Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.) if such drug''; and (2) in paragraph (3), by adding at the end the following: ``(C) Upon the recommendation of the Secretary of Health and Human Services, a compound, mixture, or preparation which contains any anabolic steroid, which is intended for administration to a human being or an animal, and which, because of its concentration, preparation, formulation or delivery system, does not present any significant potential for abuse.''. (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic Steroids Control Act of 1990 (Public Law 101-647; 21 U.S.C. 802 note) is amended-- (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. SEC. 5. REPORTING REQUIREMENT. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Attorney General, shall prepare and submit a report to the Judiciary Committee of the House and Senate, and to the Committee on Energy and Commerce of the House, evaluating the health risks associated with dietary supplements not scheduled under the amendments made by this Act which contain substances similar to those added to the list of controlled substances under those amendments. The report shall include recommendations on whether such substances should be regulated as anabolic steroids. Passed the House of Representatives June 3, 2004. Attest: JEFF TRANDAHL, Clerk.

Anabolic Steroid Control Act of 2004 - Amends: (1) the Controlled Substances Act to subject an offense of manufacturing, distributing, or possessing with intent to distribute an anabolic steroid within 1,000 feet of a sports facility to twice the maximum penalty otherwise imposed for a controlled substance violation; and (2) the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include certain steroid precursors (including tetrahydrogestrinone (THG) and androstenedione) and to exclude dehydroepiandrosterone. Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation under the Controlled Substances Act any compound, mixture, or preparation that contains any anabolic steroid that is intended for administration to a human being or an animal and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system. Directs the Secretary to prepare and submit a report to the House and Senate Judiciary Committees and the House Committee on Energy and Commerce evaluating the health risks associated with dietary supplements not scheduled under this Act which contain substances similar to those added to the list of controlled substances under this Act, including recommendations on whether such substances should be regulated as anabolic steroids.

To amend the Controlled Substances Act to provide increased penalties for anabolic steroid offenses near sports facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Education Freedom Act of 2016''. SEC. 2. EDUCATION VOUCHER PROGRAM. (a) In General.--Notwithstanding any other provision of law, as a condition of receiving Federal funds for elementary and secondary education, each State shall carry out the program described under this Act. (b) Basic Elements.-- (1) Parental choice in education.-- (A) In general.--Beginning with the 2017-2018 academic year, a parent of an eligible child may-- (i) enter into an agreement with a State educational agency for any academic year during which the eligible child will be in a grade for which the State provides free public education if-- (I) the public school in which the eligible child is enrolled, or will be enrolled, receives Federal funds on the condition of implementing a Federal mandate; and (II) the parent disagrees with such mandate; and (ii) renew such agreement for each succeeding academic year during which the eligible child will be in a grade for which the State provides free public education. (B) Agreement.--An agreement under this paragraph shall be entered into, or renewed, in a manner and on a form determined by each State educational agency. (2) Education savings accounts.-- (A) In general.--Each State educational agency shall-- (i) provide an education savings account to each eligible child whose parent enters into an agreement under paragraph (1)(A)(i) with the State educational agency for an academic year; and (ii) maintain such account for each succeeding academic year for which the parent renews the agreement under paragraph (1)(A)(ii). (B) Requirements.--An education savings account provided under this paragraph shall meet the following requirements: (i) The education savings account, and any funds deposited into such account, shall belong to the eligible child for whom the account was provided, and such child shall be the designated beneficiary of the account. (ii) The only funds that may be deposited into the education savings account are the funds that a State educational agency disburses in accordance with subparagraph (C). (iii) The funds in the education savings account may be used only for the purpose of paying for the education expenses described in subsection (c) of the eligible child. (iv) The parent of the eligible child shall have the authority to direct the use of the funds in the education savings account to one or more qualifying providers that do not implement the Federal mandate with which the parent disagrees. (v) Upon direction by the parent of the eligible child, a State educational agency shall distribute the funds in the education savings account to the designated qualifying providers. (C) Amount of funds.-- (i) In general.--Subject to clause (ii), beginning on August 1 of each academic year, each State educational agency shall disburse an amount equal to the average per-pupil expenditure of the State to each education savings account provided under this paragraph. (ii) Quarterly disbursement.--Each State educational agency shall disburse the amount of funds provided under this subparagraph in 4 equal quarterly deposits. (iii) Continued availability of funds.-- Except as provided in clause (iv), any amounts remaining in an education savings account on the last day of the period covered by an agreement under paragraph (1)(A) shall remain available for use during a succeeding academic year. (iv) Recapture of funds.--Each State educational agency shall recapture any amounts remaining in an education savings account on the last day of the period covered by an agreement under paragraph (1)(A) if-- (I) the parent of the eligible child ends or violates the terms of the agreement during the covered period; (II) the parent does not renew the agreement for the immediately succeeding academic year; or (III) the child for whom the education savings account was provided no longer qualifies as an eligible child. (c) Eligible Education Expenses.--The funds in an education savings account provided under subsection (b)(2) may be used only for the following education expenses: (1) Tuition and fees for a qualifying provider, including any costs and fees for tutoring services, specialized instructional support services, extracurricular activities, dual credit courses, and individual courses. (2) Required textbooks, supplemental materials, and supplies. (3) Textbooks, supplemental materials, and supplies for self-study. (4) Fees for any-- (A) national norm-referenced achievement examination; (B) advanced placement or similar examination; or (C) standardized examination required for admission to an institution of higher education. (5) Transportation for travel to and from a qualifying provider, except that not more than $2,000 from the education savings account may be used for this purpose each academic year. (6) A contribution to a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986) with respect to which the eligible child is a designated beneficiary. (7) A contribution to a Coverdell education savings account (as defined in section 530(b) of the Internal Revenue Code of 1986) with respect to which the eligible child is a designated beneficiary, except that not more than $2,000 from the education savings account may be used for this purpose each academic year. (8) Any other education expense approved by the State educational agency. (d) Responsibilities of State Educational Agency.-- (1) Annual list of qualifying providers.-- (A) Creation.--Beginning on September 1, 2016, each State educational agency shall-- (i) approve entities as qualifying providers for the 2017-2018 academic year; and (ii) prepare a list of such qualifying providers. (B) Maintenance.--For each academic year succeeding the 2017-2018 academic year, each State educational agency shall renew the list of qualifying providers. (C) Availability on website of state educational agency.--Each State educational agency shall make the annual list of qualifying providers publicly available on the website of the State educational agency. (2) Accountability.--Each State educational agency shall take such steps as are necessary to ensure the proper implementation of this Act, including-- (A) conducting periodic audits of education savings accounts provided under subsection (b)(2); (B) ensuring that the funds in such accounts are used in accordance with this Act; (C) freezing or revoking an education savings account if fraud is detected; and (D) if appropriate, referring any parent or qualifying provider found to be using an education savings account for unlawful purposes for criminal prosecution. (3) Transfer of academic records.--Upon request by a State educational agency, and if applicable, the public school in which an eligible child was enrolled during the previous academic year shall provide the complete academic records of such child to any qualifying provider that is a school and that has admitted the child. (e) Requirements and Rights of Qualifying Providers.-- (1) Admissions.--A qualifying provider may-- (A) enforce the admissions requirements of any school or program offered by the qualifying provider; and (B) subject to paragraph (4), accept the eligible children who are best qualified to attend such school or program. (2) Transfer of academic records.--Each qualifying provider that is a school shall agree, as a condition of participating in the program under this Act, to provide the complete academic records of an eligible child attending the school pursuant to an agreement under subsection (b)(1)(A) to any other school to which such child transfers. (3) Refunds and rebates.-- (A) General prohibition.--A qualifying provider that receives funds from an education savings account provided under subsection (b)(2) may not-- (i) refund, or provide a rebate, of any portion of such funds to the eligible child who is the designated beneficiary of the education savings account or a parent of such child; or (ii) share such funds with such child or parent in any manner. (B) Exception.--Any refund that is needed for an item that is being returned, or an item or service that has not been provided, shall be provided to the State educational agency, and the State educational agency shall deposit the amounts refunded into the education savings account from which such amounts were originally distributed. (4) Nondiscrimination.-- (A) In general.--A qualifying provider may not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. (B) Single sex schools, classes, or activities.-- Notwithstanding subparagraph (A) or any other provision of law, a qualifying provider may offer a single sex school, class, or activity. (C) Religiously affiliated qualifying providers.-- (i) In general.--Notwithstanding any other provision of law-- (I) the prohibition of sex discrimination in subparagraph (A) shall not apply to a qualifying provider that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of such subparagraph is inconsistent with the religious tenets or beliefs of such provider; and (II) a qualifying provider that is operated by, supervised by, controlled by, or connected to a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including the exemptions in such title. (ii) Maintenance of purpose.-- Notwithstanding any other provision of law, the receipt of funds from an education savings account provided under subsection (b)(2) shall not, consistent with the first amendment to the Constitution of the United States-- (I) necessitate any change in the teaching mission of a qualifying provider; (II) require a qualifying provider to remove religious art, icons, scriptures, or other symbols; or (III) preclude a qualifying provider from retaining religious terms in its name, selecting board members on a religious basis, or including religious references in the mission statements, charters, or other governing documents of such provider. (f) Rules of Construction.-- (1) Treatment of assistance.--For purposes of any Federal law or program-- (A) no assistance provided under this Act may be treated as assistance to any qualifying provider; and (B) the amount of any funds in an education savings account provided under subsection (b)(2) may not be treated as income of the eligible child who is the designated beneficiary of the education savings account or a parent of such child. (2) No ability to control curriculum.--Nothing in this Act shall be construed to authorize any officer or employee of the Federal Government, through grants, contracts, or other cooperative agreements, to mandate, direct, or control the curriculum, program of instruction, instructional content, academic standards, assessments, or allocation of resources of a State or of any school in a State. (3) No extension of regulatory authority.--Nothing in this Act shall be construed to expand the regulatory authority of a State government or the Federal Government to impose any additional regulations on nonpublic schools beyond the regulations necessary to enforce the requirements of this Act. (g) Transition.--Each State educational agency shall take steps to ensure a smooth transition to the program under this Act in order to ensure that education savings accounts are available to eligible children beginning with the 2017-2018 academic year. SEC. 3. DEFINITIONS. In this Act: (1) Eligible child.--The term ``eligible child'' means a child-- (A) who-- (i) is enrolling in a public school; or (ii) was enrolled in a public school during the previous academic year; and (B) whose parent disagrees with a Federal mandate that the school implements as a condition of receiving Federal funds. (2) ESEA terms.--The terms ``average per-pupil expenditure'', ``child'', ``distance learning'', ``free public education'', ``parent'', ``specialized instructional support services'', ``State'', and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)). (4) Qualifying provider.--The term ``qualifying provider'' means an entity that-- (A) is-- (i) a public school; (ii) a nonpublic school; (iii) a home school, provided that the eligible child was enrolled in a public school during the previous academic year; (iv) a tutoring facility; (v) a provider of distance learning; (vi) a provider of specialized instructional support services; or (vii) an institution of higher education; (B) notifies a State educational agency of the intent to become a qualifying provider; and (C) agrees to comply with the requirements of section 2(e). (5) School.--The term ``school''-- (A) means a preschool, kindergarten, elementary school, or secondary school; and (B) includes charter schools.

Local Education Freedom Act of 2016 This bill requires a state to carry out an education voucher program as a condition of receiving federal funds for elementary and secondary education. Through the program, a parent of an eligible child may enter into an agreement with a state educational agency (SEA) if the child's school receives federal funds on the condition of implementing a federal mandate with which the parent disagrees. An SEA shall: (1) provide an education savings account to each eligible child whose parent enters into such an agreement, and (2) disburse to each account an amount equal to the state's average per-pupil expenditure. The funds in an education savings account may be used only for: tuition and fees for a qualifying provider; textbooks, supplemental materials, and supplies; specified examination fees; transportation; a contribution to a qualified tuition program or specified education savings account; and other education expenses approved by the SEA. A "qualifying provider" is an SEA-approved entity that complies with specified requirements and is: (1) a public or nonpublic school; (2) a home school, provided that the eligible child was enrolled in a public school during the previous academic year; (3) a tutoring facility; (4) a provider of distance learning or specialized instructional support services; or (5) an institution of higher education. In general, a qualified provider may not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. However, the prohibition on sex discrimination shall not apply to religiously affiliated providers to the extent that such application is inconsistent with the provider's religious tenets or beliefs.

Local Education Freedom Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Direct Supplemental Insurance Option Act of 2002''. SEC. 2. MEDICARE DIRECT SUPPLEMENTAL INSURANCE OPTION. (a) In General.--Title XVIII of the Social Security Act is amended by inserting after section 1882 the following new section: ``medicare direct supplemental insurance option ``Sec. 1882A. (a) In General.--The Secretary shall provide for the offering under this section of a voluntary program to supplement the benefits provided to individuals under parts A and B of this title. ``(b) Eligibility; Enrollment.--The Secretary shall provide procedures for the enrollment under the program under this section of individuals who are entitled to benefits under part A and enrolled under part B, but who are not enrolled in Medicare+Choice plan under part C (or in a plan under section 1876). Such procedures shall be consistent with the following: ``(1) There shall be an initial enrollment period during the last calendar quarter of 2003 that permits all individuals who are eligible to enroll at that time under this subsection may enroll and obtain benefits effective on January 1, 2004. ``(2) For individuals who are not eligible to enroll at such time but who become eligible subsequently, there shall be an individual enrollment period which is the 6-month period described in section 1882(s)(2)(A). ``(3) The Secretary shall permit eligible individuals to enroll at other times (and not less frequently than annually) in a uniform manner, but such enrollment is subject to a late enrollment penalty under subsection (d)(2)(B). ``(c) Benefits.-- ``(1) In general.--The benefits provided under the program under this section shall consist of payment of the cost of deductibles, copayments, and other cost-sharing amounts (including amounts attributable to and permitted as balance billing) otherwise imposed or permitted under this title, subject to an annual deductible of $100. ``(2) Administration.--The Secretary shall coordinate payment of benefits under this part with those under parts A and B and may, for such purpose, enter into appropriate arrangements with qualified entities (which may include fiscal intermediaries and carriers). ``(3) No pre-existing condition limitations.--The benefits under this section shall not be subject to any pre-existing condition or similar underwriting limitation. ``(d) Premiums.-- ``(1) Actuarial cost.--The Secretary shall, during September of each year beginning with 2003, determine a monthly actuarial rate for all enrollees under this section, which rate shall be applicable for months in the succeeding calendar year. Such actuarial rate shall be the amount the Secretary estimates to be necessary so that the aggregate amount for such calendar year with respect to those enrollees will equal the total amount which the Secretary estimates will be payable under this section for benefits accrued (including services performed and related administrative costs incurred) in such calendar year under the program under this section. In calculating the monthly actuarial rate, the Secretary shall make adjustments to take into account errors in estimations under this paragraph for previous years and shall include an appropriate amount for a contingency margin. ``(2) Premium.-- ``(A) In general.--The monthly premium of each individual enrolled under this section for a month in a year shall be the monthly actuarial rate determined under paragraph (1) for months in such year. Such premium shall be community-rated and shall not vary among enrollees based upon the age, place of residence, or any other factors, except as provided under subparagraph (B). ``(B) Penalty for late enrollment.--In the case of an individual who does not enroll under this section in a time period provided under paragraph (1) or (2) of subsection (b), the Secretary shall increase the monthly premium (in a manner similar to that applied under part B pursuant to section 1839(b)) of 10 percent for each full 12 months in which the individual could have been but was not so enrolled. In applying such an increase-- ``(i) the aggregate percentage increase may not exceed 100 percent; and ``(ii) periods of time in which an individual is enrolled under an employee welfare benefit plan described in section 1882(s)(3)(B)(i), under a Medicare+Choice plan, with an organization described in section 1882(s)(3)(B)(iii), or under a PACE program under section 1894 shall not be taken into account. ``(3) Collection.--The Secretary shall provide for the collection of premiums for enrollees under this part in the same manner as premiums under part B are collected under section 1840, except that any reference in such section to the Federal Supplementary Medical Insurance Trust Fund shall be deemed a reference to an account (to be known as the `Direct Medicare Supplemental Insurance Account') to be established in the Treasury by the Secretary to carry out the program under this section. Amounts in such account may be invested and draw interest in the same manner as such Trust Fund under section 1840(c). ``(4) Use of funds.--Premium amounts deposited into the account established under paragraph (3) shall be available without regard to appropriations to the Secretary to make payment for benefits and administrative costs incurred in carrying out this section. ``(e) Nonduplication of Coverage.--For purposes of applying section 1882(d)(3)(A), coverage under this section shall be treated as coverage under a medicare supplemental policy.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to benefits for months beginning with January 2004.

Medicare Direct Supplemental Insurance Option Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to provide procedures for enrollment of beneficiaries in a voluntary program to supplement Medicare benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Limits eligibility for such Medicare direct supplemental insurance option to individuals who are entitled to part A benefits and enrolled under part B, but who are not enrolled in a Medicare+Choice plan under part C. Provides for payment under the direct supplemental insurance option of the cost of deductibles, copayments, and other cost-sharing amounts, subject to an annual deductible of $100.

To amend title XVIII of the Social Security Act to provide for a direct Medicare supplemental insurance option.

SECTION 1. AUTHORIZING STATES TO DENY PUBLIC EDUCATION BENEFITS TO CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--The Immigration and Nationality Act is amended by adding after title V the following new title: ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS ``congressional policy regarding ineligibility of aliens not lawfully present in the united states for public education benefits ``Sec. 601. (a) Statement of Policy.--Because Congress views that the right to a free public education for aliens who are not lawfully present in the United States promotes violations of the immigration laws and because such a free public education for such aliens creates a significant burden on States' economies and depletes States' limited educational resources, Congress declares it to be the policy of the United States that-- ``(1) aliens who are not lawfully present in the United States are not entitled to public education benefits in the same manner as United States citizens, nationals, and lawful resident aliens; and ``(2) States should not be obligated to provide public education benefits to aliens who are not lawfully present in the United States. ``(b) Construction.--Nothing in this section shall be construed as expressing any statement of Federal policy with regard to-- ``(1) aliens who are lawfully present in the United States, ``(2) benefits other than public education benefits provided under State law, or ``(3) preventing the exclusion or deportation of aliens unlawfully present in the United States. ``authority of states ``Sec. 602. (a) In General.--In order to carry out the policies described in section 601, each State may provide, subject to subsection (f), with respect to an alien who is not lawfully present in the United States that-- ``(1) the alien is not eligible for public education benefits under State law; or ``(2) the alien is required, as a condition of obtaining such benefits, to pay a fee in an amount consistent with the following: ``(A) In the case of a State that requires payment of a fee of nonresidents as a condition of obtaining such benefits, the amount of such nonresident fee. ``(B) In the case of any other State, an amount specified by the State, not to exceed the average per pupil expenditures for such benefits (as determined by the State and selected by the State either for the State or for the local educational agency involved). ``(b) Individuals Not Lawfully Present in the United States.--For purposes of subsection (a), an individual shall be considered to be not lawfully present in the United States unless the individual (or, in the case of an individual who is a child, another on the child's behalf)-- ``(1) declares in writing under penalty of perjury that the individual (or child) is a citizen or national of the United States and (if required by a State) presents evidence of United States citizenship or nationality; or ``(2)(A) declares in writing under penalty of perjury that the individual (or child) is not a citizen or national of the United States but is an alien lawfully present in the United States, and ``(B) presents either-- ``(i) documentation described in section 1137(d)(2) of the Social Security Act, or ``(ii) such other documents as the State determines constitutes reasonable evidence indicating that the individual (or child) is an alien lawfully present in the United States. ``(c) Procedures for Screening.--If a State provides for immigration eligibility screening pursuant to this section for individuals who are seeking public education benefits, the State shall provide for such screening for all individuals seeking such benefits. ``(2) A State may (at its option) verify with the Service the alien's immigration status through a system for alien verification of eligibility (SAVE) described in section 1137(d)(3) of the Social Security Act (42 U.S.C. 1320b-7(d)(3)). ``(d) Opportunity for Fair Hearing.--If a State denies public education benefits under this section with respect to an alien, the State shall provide the alien with an opportunity for a fair hearing to establish that the alien has been determined by the Service to be lawfully present in the United States, consistent with subsection (b) and Federal immigration law. ``(e) No Requirement to Deny Free Public Education.--No State shall be required by this section to deny public education benefits to any alien not lawfully present in the United States. ``(f) No Authority to Deny Free Public Education to Students Enrolled At Any Time During the Period Beginning September 1, 1996, and Ending July 1, 1997.--(1) A State may not deny, and may not require payment of a fee as a condition for the receipt of, public education benefits under this section with respect to a protected alien. ``(2) For purposes of this subsection, the term `protected alien' means an alien who is not lawfully present in the United States and is enrolled as a student in a public elementary or secondary school in the United States at any time during the period beginning September 1, 1996, and ending July 1, 1997. ``(g) No Impact on Immigration Status.--Nothing in this section or section 601 shall be construed as affecting the immigration status of any alien, including the conferring of any immigration benefit or change in any proceedings under this Act with respect to the alien.''. (b) Clerical Amendment.--The table of contents is amended by adding at the end the following new items: ``TITLE VI--AUTHORIZING STATES TO DISQUALIFY CERTAIN ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM PUBLIC EDUCATION BENEFITS ``Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully present in the United States for public education benefits. ``Sec. 602. Authority of States.''. Passed the House of Representatives September 25, 1996. Attest: ROBIN H. CARLE, Clerk.

Amends the Immigration and Nationality Act to authorize States to deny, or require specified fees for, public education benefits to aliens not lawfully present in the United States who are not enrolled in the public schools during the period beginning September 1, 1996, through July 1, 1997.

To amend the Immigration and Nationality Act to authorize States to deny public education benefits to aliens not lawfully present in the United States who are not enrolled in public schools during the period beginning September 1, 1996, and ending July 1, 1997.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Camera Authorization and Maintenance Act of 2014'' or as the ``CAM Act of 2014''. SEC. 2. REQUIREMENT TO USE BODY-WORN CAMERA SYSTEMS. (a) In General.--Beginning on the date that is 180 days after the date of enactment, if, in a fiscal year, a State or unit of local government that receives any grant from the Attorney General does not require law enforcement officers of that State or unit of local government to use body-worn cameras, that State or unit of local government may not receive any grant from the Attorney General in the following fiscal year. (b) Hardship Waiver.--The Attorney General may waive the application of subsection (a) to any State or unit of local government that applies for such a waiver if, in the determination of the Attorney General, compliance with the requirement of subsection (a) would pose a financial hardship on the State or unit of local government. (c) Definitions.--Terms used in this section have the meaning given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791). SEC. 3. BODY-WORN CAMERA GRANTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--BODY-WORN CAMERA GRANTS ``SEC. 3031. IN GENERAL. ``From amounts made available to carry out this part, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. ``SEC. 3032. USES OF FUNDS. ``Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the program described under section 3034. ``SEC. 3033. PROGRAM DESCRIBED. ``The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, consistent with the following requirements: ``(1) Any law enforcement officer who has regular contact with the general public shall be required to wear and, as appropriate, activate a body-worn camera. ``(2) An officer who is not otherwise assigned body-worn cameras may be required to wear one in certain circumstances, including the following: ``(A) After receiving a specified number of complaints or disciplinary actions. ``(B) When participating in a certain type of activity, such as SWAT operations. ``(3) Body cameras should be worn on the officer's chest or at eye level. ``(4) An officer who activates the body-worn camera while on duty should be required to note the existence of the recording in the official incident report. ``(5) An officer who wears body-worn cameras should be required to articulate their reasoning, on camera or in writing, if that officer fails to record an activity that is required by department policy to be recorded. ``(6) An officer is required to activate his or her body- worn camera when responding to all calls for service and during all law enforcement-related encounters and activities that occur while the officer is on duty traffic stops, arrests, searches, interrogations, investigations, and pursuits. ``(7) Officers should also be required to activate the camera during the course of any encounter with the public that becomes adversarial after the initial contact. ``(8) An officer shall inform any person who is being recorded by a body-worn camera when the person is being recorded unless doing so would be unsafe, impractical, or impossible. ``(9) Once activated, the body-worn camera shall remain in recording mode until the conclusion of an incident or encounter, the officer has left the scene, or a supervisor has authorized (on camera) that a recording may cease. ``(10) Policies shall designate the officer as the person responsible for downloading recorded data from his or her body- worn camera. However, in certain clearly identified circumstances (including officer-involved shootings, in-custody deaths, or other incidents involving the officer that result in a person's bodily harm or death), the officer's supervisor should immediately take physical custody of the camera and should be responsible for downloading the data. ``(11) If the camera system does not have a system to track who accesses the recorded data, when, and for what purpose, grantees shall create an audit system that monitors who accesses recorded data, when, and for what purpose. Grantees may conduct forensic reviews to determine whether recorded data has been tampered with. Data shall be downloaded from the body- worn camera by the end of each shift in which the camera was used. Officers shall properly categorize and tag body-worn camera videos at the time they are downloaded. Videos shall be classified according to the type of event or incident captured in the footage. ``(12) When setting time frames for retention of data, grantees shall consider the following: ``(A) State laws governing evidence retention. ``(B) Departmental policies governing retention of other types of electronic records. ``(C) The openness of the State's public disclosure laws. ``(D) The need to preserve footage to promote transparency. ``(E) The length of time typically needed to receive and investigate citizen complaints. ``(F) The agency's capacity for data storage. ``(13) Data must be managed by a third party. To protect the security and integrity of data managed by a third party, a grantee shall use a reputable, experienced vendor, enter into a legal contract with the vendor that protects the agency's data, ensure the system includes a built-in audit trail and reliable backup methods, and consult with legal advisors. ``(14) An officer shall be permitted to review video footage of an incident in which they were involved, prior to making a statement about the incident. ``(15) A grantee's internal audit unit, rather than the officer's direct chain of command, should periodically conduct a random review of body-worn camera footage to monitor compliance with the program and assess overall officer performance. ``(16) Grantee policies pertaining to body-worn cameras shall include specific measures for preventing unauthorized access or release of recorded data. ``(17) Grantees shall have clear and consistent protocols for releasing recorded data externally to the public and the news media (or public disclosure policies). Each such policy must be in compliance with any applicable State or Federal public disclosure laws. ``(18) Body-worn camera training shall be required for all grantee personnel who may use or otherwise be involved with body-worn cameras. ``(19) The grantee shall collect statistical data concerning body-worn camera usage, including when video footage is used in criminal prosecutions and internal affairs matters as well as when excessive force has been used. ``(20) The grantee shall conduct periodic reviews of policies and protocols of the grantee pertaining to body-worn cameras. ``SEC. 3034. ALLOCATION OF FUNDS. ``Funds available under this part shall be awarded to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this part shall be awarded to other qualifying applicants on a pro rata basis. ``SEC. 3035. MATCHING REQUIREMENTS. ``(a) Federal Share.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(b) Non-Federal Share.--The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services.''. SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY CAMERA ACCOUNTABILITY. There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices from communities where law enforcement and neighborhoods work well together to create accountability and transparency. (2) This task force shall provide a report to the Congress by April 2015 the recommendations above. (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 of Public Law 104-201, the ``National Defense Authorization Act for Fiscal Year 1997'' that includes information on-- (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.

Camera Authorization and Maintenance Act of 2014 or the CAM Act of 2014 - Prohibits a state or local government that does not require its law enforcement officers to use body-worn cameras from receiving any grant from the Attorney General in the following fiscal year, subject to a financial hardship waiver. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Sets forth requirements for the wearing and use of such body cameras and for recordings made. Requires funds to be awarded to each qualifying local government with fewer than 100,000 residents, with any remaining funds awarded to other qualifying applicants on a pro rata basis. Establishes in the Department of Justice (DOJ) a task force to: provide recommendations on community policing; develop proper body-worn camera training protocol; study the impact that citizen review boards could have on investigating cases of alleged police misconduct; and conduct a survey, one year after implementation of the body camera requirement policy, to determine best practices and policy effectiveness. Directs the Comptroller General to submit a report on the Department of Defense Excess Personal Property Program that includes information on which jurisdictions equipment is sent to, the value of equipment sent to each jurisdiction, the level of training provided, and how the equipment is used.

CAM Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed 3 Percent COLA for Seniors Act of 2015''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index''; (2) in paragraph (2)(A)(ii), by adding at the end the following: ``In the case of individuals referred to in subdivision (I) or (II) who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual's monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the applicable increase percentage with respect to such base quarter were equal to the greater of 3 percent or the applicable increase percentage (if any) with respect to such base quarter.''; and (3) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3 of the Guaranteed 3 Percent COLA for Seniors Act of 2015,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended-- (1) in paragraph (1)(C), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index''; and (2) by adding at the end of paragraph (2)(A)(ii) the following: ``In the case of individuals referred to in the first sentence of this clause who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual's monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the percentage referred to in the first sentence of this clause with respect to such base quarter were equal to the greater of 3 percent or the percentage (if any) otherwise referred to in the first sentence of this clause with respect to such base quarter.''. (c) Protection of Benefits Subject to the Family Maximum.--Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) In determining whether total monthly benefits based on any primary insurance amount exceed the amount permitted under this subsection, the Commissioner shall disregard the portion of any benefit otherwise payable to any beneficiary under this title which is attributable to so much of any increases in benefits which would not have occurred but for the application of the last sentence of section 215(i)(2)(A)(ii) (or the last sentence of section 215(i)(2)(A)(ii) as in effect in December 1978 (as amended) and applied in certain cases under the provisions of such Act in effect after December 1978).''. (d) Rule of Construction.--This section and the amendments made thereby shall not be construed as a general benefit increase for purposes of section 215(i) of the Social Security Act (and section 215(i) of such Act as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978). (e) Effective Date.--The amendments made by this section shall apply to determinations made with respect to base quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted.

Guaranteed 3 Percent COLA for Seniors Act of 2015 Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) require the use of such index to compute cost-of-living increases for Social Security benefits; and (2) provide, in the case of individuals who have attained age 62, for an annual cost-of-living increase of at least 3%.

Guaranteed 3 Percent COLA for Seniors Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waste Export and Import Prohibition Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Proposals to export solid waste from the United States to foreign countries are increasing. In numerous instances exported waste has contaminated the environment, adversely affected public health, and contributed to foreign policy liabilities for the United States. (2) Exports of solid waste are being undertaken to avoid the community opposition and higher treatment and disposal expenses that are associated with waste disposal, treatment, and recycling in the United States. (3) Increasingly, hazardous waste exports are justified by the agreeable term ``recycling'', even though the result of the export is a transfer of pollution to areas of the world with little capability to manage that pollution. (4) Continued exports of solid waste serve as a disincentive to implementation of existing domestic policy, which recognizes reuse and waste reduction as the best methods of solid waste management. (5) Imports of waste from foreign countries strain diminishing domestic waste disposal capacity, threaten public health, and contaminate the environment. (6) The international Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal recognizes the right and indeed encourages waste export and import prohibitions. In the first meeting of the Parties, a decision was made requesting industrialized countries to prohibit transboundary movements of hazardous wastes and other wastes for disposal to developing countries and further requesting developing countries to prohibit the import of hazardous wastes from industrialized countries. (b) Purpose.--The purpose of this Act is to prohibit the export of solid waste from the United States and the import of solid waste from foreign countries. SEC. 3. PROHIBITION OF EXPORT AND IMPORT OF SOLID WASTE. (a) Prohibition.--Subtitle A of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following new section: ``SEC. 1009. EXPORT AND IMPORT OF SOLID WASTE. ``(a) Prohibition on Exports to Non-OECD Countries.--Effective July 1, 1994, no person may export any solid waste from the United States to a non-OECD country, except as provided in subsection (c). ``(b) Prohibition on Exports to and Imports from OECD Countries.-- Effective January 1, 1999, no person may export any solid waste from the United States to an OECD country, or import any solid waste into the United States from an OECD country, except as provided in subsection (c). ``(c) Specific Exceptions.--(1) The prohibitions contained in subsections (a) and (b) shall not apply to baled waste paper, scrap textiles, or waste glass, if all of the following conditions are met with respect to such waste: ``(A) The waste is exported or imported for the purposes of recycling. ``(B) The waste is separated from the waste stream. ``(C) The waste does not contain any substances whose storage, treatment, or disposal within the United States is regulated under subtitle C. ``(2) The prohibition contained in subsection (b) shall not apply to any scrap metal that-- ``(A) meets all of the conditions listed in subparagraphs (A), (B), and (C) of paragraph (1); ``(B) is not, and does not contain, a sludge; and ``(C) meets either of the following conditions: ``(i) The waste is not within, and does not contain a waste within, a category of waste listed in Annex I or Annex II of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. ``(ii) The waste does not have a characteristic listed in Annex III of such convention. ``(d) Requirement to Retrieve or Clean Up Waste.--(1) In any case in which waste is exported in violation of this section, the Administrator shall ensure that the waste is retrieved from the recipient foreign country, if the foreign country agrees to such retrieval, by either requiring the violator to retrieve such waste pursuant to a compliance order issued under subsection (g), or by retrieving the waste directly. ``(2) If the Administrator retrieves the waste directly, the Administrator shall ensure that the waste is retrieved-- ``(A) in the case of a violation with respect to which a compliance order has been issued, not later than 90 days after the expiration of the time period specified in the compliance order for retrieval of the waste by the violator, if the violator has failed to retrieve the waste; and ``(B) in the case of a violation with respect to which a compliance order has not been issued, not later than 90 days after discovery of the violation. ``(3) If the foreign country does not agree to retrieval of the waste, the Administrator shall dispose of or clean up such waste in the foreign country, to the extent the foreign country agrees to such action. ``(e) Definitions.--For purposes of this section, the following definitions apply: ``(1) The term `solid waste' has the meaning given that term by section 1004(27), except that such term also includes the following: ``(A) Low-level radioactive waste, as defined in part 61 of title 10 of the Code of Federal Regulations. ``(B) Mixed waste. For purposes of this subsection, the term `mixed waste' means hazardous waste or nonhazardous waste mixed with low-level radioactive waste. ``(C) All wastes covered by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as set forth in Annexes I, II, and III of that convention. ``(2) The term `OECD country' means any foreign country that is a member of the Organization for Economic Cooperation and Development. ``(3) The term `non-OECD country' means any foreign country that is not an OECD country. ``(f) Regulations.--The Administrator shall promulgate such regulations as may be necessary to implement this section. The regulations shall exclude from the prohibitions contained in subsections (a) and (b) small quantities of personal household waste carried by individuals traveling abroad. ``(g) Enforcement.-- ``(1) Compliance orders.--(A) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this section, the Administrator may-- ``(i) issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both; or ``(ii) commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(B) A compliance order issued under subparagraph (A)(i) shall include, in the case of a person exporting waste in violation of this section, a requirement to retrieve the waste from the recipient foreign country within 90 days after issuance of the order, or within such shorter period of time as the Administrator considers appropriate, if the foreign country agrees to such retrieval. ``(C) A compliance order issued under subparagraph (A)(i) may include-- ``(i) in the case of a person exporting waste in violation of this section, a requirement to dispose of or clean up the waste in the foreign country, to the extent agreed to by the foreign country; or ``(ii) in the case of a person importing waste in violation of this section, a requirement to return the waste to the foreign country from which the waste originated, if the foreign country agrees to accept such waste, or to dispose of or clean up the waste in compliance with applicable law. ``(2) Public hearing.--Any order issued under this subsection shall become final unless, not later than 30 days after the order is served, the person or persons named in the order request a public hearing. Upon such request, the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedure. ``(3) Civil penalties.--(A) Any person who violates any requirement of this section shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation. Each day of such violation shall, for purposes of this subsection, constitute a separate violation. ``(B) If a violator fails to take the action required by a compliance order issued under paragraph (1) within the time specified in the order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order. ``(4) Criminal penalties.--Any person who knowingly violates the prohibition contained in this section or any requirement of regulations promulgated under subsection (e) shall be subject to imprisonment for not to exceed 10 years, fined in accordance with title 18, United States Code, or both, for each such violation. ``(5) Citizen suits.--For purposes of this section, a government of a foreign country shall be considered a person under section 7002 (relating to citizen suits).''. (b) Repeal of Existing Authority.--Section 3017 of the Solid Waste Disposal Act is repealed. The table of contents for subtitle C of such Act is amended by striking out the item relating to such section. (c) Table of Contents.--The table of contents for subtitle A of the Solid Waste Disposal Act is amended by adding at the end the following new item: ``Sec. 1009. Export and import of solid waste.''.

Waste Export and Import Prohibition Act - Amends the Solid Waste Disposal Act (SWDA) to prohibit: (1) effective July 1, 1994, the export of solid waste from the United States to any non-Organization for Economic Cooperation and Development (OECD) country; and (2) effective July 1, 1999, the export of solid waste from the United States to an OECD country or the importation of solid waste into the United States from an OECD country. Makes such prohibitions inapplicable to baled waste paper, scrap textiles, or waste glass if the waste: (1) is exported or imported for recycling purposes; (2) is separated from the waste stream; and (3) does not contain any substances whose storage, treatment, or disposal is regulated as a hazardous waste under the SWDA. Exempts scrap metal from such prohibition as well if the metal meets such conditions and is not, and does not contain, a sludge and if the waste: (1) is not within, and does not contain a waste within, a category of waste listed in Annex I or II of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; or (2) does not have a characteristic listed in Annex III of such convention. Requires the Administrator of the Environmental Protection Agency to provide for the retrieval, disposal, or clean up of waste exported to a foreign country in violation of this Act. Includes within the definition of "solid waste": (1) low-level radioactive waste and waste mixed with low-level radioactive waste; and (2) all waste covered by the Basel Convention. Excludes small quantities of household waste carried by individuals traveling abroad from the prohibitions of this Act. Sets forth enforcement procedures. Repeals specified existing provisions concerning the export of hazardous wastes.

Waste Export and Import Prohibition Act

SECTION 1. TEMPORARY REINSTATEMENT OF THE EMERGENCY CONTINGENCY FUND FOR STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAMS. (a) In General.--Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Emergency Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund which shall be known as the `Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs' (in this subsection referred to as the `Emergency Fund'). ``(2) Deposits into fund.-- ``(A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2011, $20,000,000,000 for payment to the Emergency Fund. ``(B) Availability and use of funds.--The amounts appropriated to the Emergency Fund under subparagraph (A) shall remain available through fiscal year 2018 and shall be used to make grants to States in each of fiscal years 2011 through 2018 in accordance with the requirements of paragraph (3). ``(C) Limitation.--In no case may the Secretary make a grant from the Emergency Fund for a fiscal year after fiscal year 2018. ``(3) Grants.-- ``(A) Grant related to caseload increases.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Caseload increase requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the average monthly assistance caseload of the State for the quarter exceeds the average monthly assistance caseload of the State for the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter in a fiscal year shall be an amount equal to 80 percent of the amount (if any) by which the total expenditures of the State for basic assistance (as defined by the Secretary) in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for such assistance for the corresponding quarter in the preceding fiscal year. ``(B) Grant related to increased expenditures for non-recurrent short term benefits.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Non-recurrent short term expenditure requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the total expenditures of the State for non- recurrent short term benefits in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for non-recurrent short term benefits in the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(C) Grant related to increased expenditures for subsidized employment.-- ``(i) In general.--For each calendar quarter in fiscal year 2011 through 2018, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Subsidized employment expenditure requirement.--A State meets the requirement of this clause for a quarter in a fiscal year if the total expenditures of the State for subsidized employment in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total such expenditures of the State in the corresponding quarter in the preceding fiscal year. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(4) Authority to make necessary adjustments to data and collect needed data.--In determining the size of the caseload of a State and the expenditures of a State for basic assistance, non-recurrent short-term benefits, and subsidized employment, during any period for which the State requests funds under this subsection, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. ``(5) Limitation.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2011 through 2018 combined shall not exceed 50 percent of the annual State family assistance grant. ``(6) Limitations on use of funds.--A State to which an amount is paid under this subsection may use the amount only as authorized by section 404. ``(7) Timing of implementation.--The Secretary shall implement this subsection as quickly as reasonably possible, pursuant to appropriate guidance to States. ``(8) Application to indian tribes.--This subsection shall apply to an Indian tribe with an approved tribal family assistance plan under section 412 in the same manner as this subsection applies to a State. ``(9) Definitions.--In this subsection: ``(A) Average monthly assistance caseload defined.--The term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment under paragraph (4). ``(B) Qualified state expenditures.--The term `qualified State expenditures' has the meaning given the term in section 409(a)(7).''. (b) Disregard From Limitation on Total Payments to Territories.-- Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended by inserting ``403(c)(3),'' after ``403(a)(5),''. (c) Elimination of Modification of Caseload Reduction Credit.-- (1) In general.--Section 407(b)(3)(A)(i) of the Social Security Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by striking ``(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of section 403(c)(9)), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))''. (2) Conforming amendments.--Section 2101 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 446-449) is amended-- (A) in subsection (a)(2), by striking ``, except that paragraph (9) of such subsection shall remain in effect until October 1, 2011, but only with respect to section 407(b)(3)(A)(i) of such Act''; and (B) in subsection (d), by striking paragraph (2). (d) Sunset.--Effective October 1, 2018: (1) Emergency fund.--Section 403 of the Social Security Act (42 U.S.C. 603) (as added by paragraph (1)) is amended by striking subsection (c) (as added by subsection (a) of this section). (2) Disregard from limitation on total payments to territories.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by striking ``403(c)(3),'' (as added by subsection (b) of this section).

Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to reestablish for FY2011-FY2018 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, and (2) increased expenditures for non-recurrent short term benefits.

To amend part A of title IV of the Social Security Act to temporarily reinstate, with certain adjustments, the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Reporting Simplification Act of 2015''. SEC. 2. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION RETURNS AND PAYEE STATEMENTS. (a) In General.--Section 6721(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Safe harbor for certain de minimis errors.-- ``(A) In general.--If, with respect to an information return filed with the Secretary-- ``(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, ``(ii) no single amount in error differs from the correct amount by more than $100, and ``(iii) no single amount reported for tax withheld on any information return differs from the correct amount by more than $25, then no correction shall be required and, for purposes of this section, such return shall be treated as having been filed with all of the correct required information. ``(B) Exception.--Subparagraph (A) shall not apply with respect to any incorrect dollar amount to the extent that such error relates to an amount with respect to which an election is made under section 6722(c)(3)(B). ``(C) Regulatory authority.--The Secretary may issue regulations to prevent the abuse of the safe harbor under this paragraph, including regulations providing that this paragraph shall not apply to the extent necessary to prevent any such abuse.''. (b) Failure To Furnish Correct Payee Statement.--Section 6722(c) of such Code is amended by adding at the end the following new paragraph: ``(3) Safe harbor for certain de minimis errors.-- ``(A) In general.--If, with respect to any payee statement-- ``(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, ``(ii) no single amount in error differs from the correct amount by more than $100, and ``(iii) no single amount reported for tax withheld on any information return differs from the correct amount by more than $25, then no correction shall be required and, for purposes of this section, such statement shall be treated as having been filed with all of the correct required information. ``(B) Exception.--Subparagraph (A) shall not apply to any payee statement if the person to whom such statement is required to be furnished makes an election (at such time and in such manner as the Secretary may prescribe) that subparagraph (A) not apply with respect to such statement. ``(C) Regulatory authority.--The Secretary may issue regulations to prevent the abuse of the safe harbor under this paragraph, including regulations providing that this paragraph shall not apply to the extent necessary to prevent any such abuse.''. (c) Application to Broker Reporting of Basis.--Section 6045(g)(2)(B) of such Code is amended by adding at the end the following new clause: ``(iii) Treatment of uncorrected de minimis errors.--Except as otherwise provided by the Secretary, the customer's adjusted basis shall be determined by treating any incorrect dollar amount which is not required to be corrected by reason of section 6721(c)(3) as the correct amount.''. (d) Conforming Amendments.-- (1) Section 6721(c) of such Code is amended by striking ``Exception for De Minimis Failures to Include All Required Information'' in the heading and inserting ``Exceptions for Certain De Minimis Failures''. (2) Section 6721(c)(1) of such Code is amended by striking ``In general'' in the heading and inserting ``Exception for de minimis failure to include all required information''. (e) Effective Date.--The amendments made by this section shall apply to returns required to be filed, and payee statements required to be provided, on or after the date of the enactment of this Act.

Information Reporting Simplification Act of 2015 This bill amends the Internal Revenue Code, with respect to penalties for filing erroneous tax returns, to set forth a safe harbor rule for errors on tax information returns and payee statements. If any such return or statement has one or more incorrect dollar amounts, but no single amount in error differs from the correct amount by more than $100, and no single amount reported for tax withheld on any information return differs from the correct amount by more than $25, then no correction shall be required and such return or statement shall be treated as having been filed with all of the correct required information.

Information Reporting Simplification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Future Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) fossil fuels, the main energy source of the present, have provided this country with tremendous supply but are limited; (2) additional research, development, and demonstration are needed to encourage private sector investment in development of new and better energy sources and enabling technologies; (3) hydrogen holds tremendous promise as a fuel because it can be extracted from water and can be burned much more cleanly than conventional fuels; (4) hydrogen production efficiency is a major technical barrier to society's collectively benefiting from one of the great energy carriers of the future; (5) an aggressive, results-oriented, multiyear research initiative on efficient hydrogen fuel production and use should be maintained; and (6) the current Federal effort to develop hydrogen as a fuel is inadequate. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to direct the Secretary of Energy to conduct a research, development, and demonstration program leading to the production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications; and (2) to provide advice from academia and the private sector in the implementation of the Department of Energy's hydrogen research, development, and demonstration program to ensure that economic benefits of the program accrue to the United States. SEC. 4. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. RESEARCH AND DEVELOPMENT. (a) Authorized Activities.-- (1) In general.--Pursuant to this section, the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.), and section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436), and in accordance with the purposes of this Act, the Secretary shall conduct a hydrogen energy research, development, and demonstration program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the feasibility of using hydrogen for industrial, residential, transportation, and utility applications. (2) Priorities.--In establishing priorities for Federal funding under this section, the Secretary shall survey private sector hydrogen activities and take steps to ensure that activities under this section do not displace or compete with the privately funded hydrogen activities of the United States industry. (b) Schedule.-- (1) Solicitation.--Not later than 180 days after the date of the enactment of an Act providing appropriations for programs authorized by this Act, the Secretary shall solicit proposals from all interested parties for research and development activities authorized under this section. (2) Department facility.--The Secretary may consider, on a competitive basis, a proposal from a contractor that manages and operates a department facility under contract with the Department, and the contractor may perform the work at that facility or any other facility. (3) Award.--Not later than 180 days after proposals are submitted, if the Secretary identifies one or more proposals that are worthy of Federal assistance, the Secretary shall award financial assistance under this section competitively, using peer review of proposals with appropriate protection of proprietary information. (c) Cost Sharing.-- (1) Research.-- (A) In general.--Except as provided in subparagraph (B), in the case of a research proposal, the Secretary shall require a commitment from non-Federal sources of at least 25 percent of the cost of the research. (B) Basic or fundamental nature.--The Secretary may reduce or eliminate the non-Federal requirement under subparagraph (A) if the Secretary determines that the research is purely basic or fundamental. (2) Development and demonstration.--In the case of a development or demonstration proposal, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of development or demonstration. (d) Consultation.--Before financial assistance is provided under this section or the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.)-- (1) the Secretary shall determine, in consultation with the United States Trade Representative and the Secretary of Commerce, that the terms and conditions under which financial assistance is provided are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)); and (2) an industry participant shall be required to certify that-- (A) the participant has made reasonable efforts to obtain non-Federal funding for the entire cost of the project; and (B) full non-Federal funding could not be reasonably obtained. (e) Duplication of Programs.--The Secretary shall not carry out any activity under this section that unnecessarily duplicates an activity carried out by another government agency or the private sector. SEC. 6. TECHNOLOGY TRANSFER. (a) Exchange.--The Secretary shall foster the exchange of generic, nonproprietary information and technology developed pursuant to section 5 among industry, academia, and government agencies. (b) Economic Benefits.--The Secretary shall ensure that economic benefits of the exchange of information and technology will accrue to the United States economy. SEC. 7. REPORTS TO CONGRESS. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the Department's hydrogen research and development program. (b) Contents.--A report under subsection (a) shall include-- (1) an analysis of the effectiveness of the program, to be prepared and submitted by the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407); and (2) recommendations of the Panel for any improvements in the program that are if needed, including recommendations for additional legislation. (3) Repeal of unnecessary provision.--The Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 1401 et seq.) is amended-- (A) by striking section 103; (B) by redesignating sections 104, 105, 106, 107, 108, and 109 as sections 103, 104, 105, 106, 107, and 108, respectively; (C) in section 103 (as redesignated)-- (i) in subsection (a) by striking ``, consistent with the 5-year comprehensive program management plan under section 103,''; and (ii) in subsection (e) by striking ``106'' and inserting ``105''; (D) in section 104(b) (as redesignated) by striking ``104'' and inserting ``103''; (E) in section 105(a) (as redesignated) by striking ``108'' and inserting ``107''; (F) in section 106(c) (as redesignated) by striking ``108'' and inserting ``107''; and (G) in section 107(d) (as redesignated)-- (i) by adding ``and'' at the end of paragraph (1); (ii) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (iii) by striking paragraph (3). SEC. 8. COORDINATION AND CONSULTATION. (a) Coordination With Other Federal Agencies.--The Secretary shall-- (1) coordinate all hydrogen research and development activities in the Department with the activities of other Federal agencies, including the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration, that are engaged in similar research and development; and (2) pursue opportunities for cooperation with those Federal entities. (b) Consultation.--The Secretary shall consult with the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, development, and Demonstration Act of 1990 (42 U.S.C. 12407) as necessary in carrying out this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $25,000,000 for fiscal year 1996; (2) $35,000,000 for fiscal year 1997; and (3) $40,000,000 for fiscal year 1998. (b) Limitation on Authority to Obligate Funds.-- (1) Limitation.--In each of fiscal years 1996, 1997, and 1998, the total amount that may be obligated for energy supply research and development activities shall not exceed the total amount obligated for such activities in fiscal year 1995. (2) Rule of construction.--Paragraph (1) shall not be construed as authorizing the appropriation of any Federal funds.

Hydrogen Future Act of 1995 - Directs the Secretary of Energy to provide for a hydrogen energy research, development and demonstration program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the feasibility of using hydrogen for industrial, residential, transportation, and utility applications. Requires the Secretary to survey private sector hydrogen activities and take steps to ensure that Federal activities do not displace or compete with privately funded hydrogen activities of U.S. industry. (Sec. 5) Sets forth a proposal solicitation schedule. Directs the Secretary to require a specified cost-sharing commitment from non-Federal sources. Sets as a prerequisite to Federal financial assistance certification by: (1) the Secretary that such assistance is consistent with a specified Agreement on Subsidies and Countervailing Measures approved in the Uruguay Round Agreements Act; and (2) industry participants that they have made reasonable efforts to obtain non-Federal funding for the entire cost of the project, and that such non-Federal funding could not be reasonably obtained. Prohibits the Secretary from implementing activities that unnecessarily duplicate activities implemented elsewhere by either the Federal or private sectors. (Sec. 6) Directs the Secretary to: (1) foster technology transfer activities between the Federal, industrial, and academic sectors; (2) report annually to the Congress; (3) coordinate with other Federal agencies involved in similar hydrogen research activities; and (4) consult with the Hydrogen Technical Advisory Panel established under the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990. (Sec. 9) Authorizes appropriations.

Hydrogen Future Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Adam Act''. SEC. 2. FINDINGS. Congress finds the following: (1) ``Code Adam'' is a protocol used as a preventive tool against child abductions and lost children in certain public buildings and commercial establishments across the Nation. (2) ``Code Adam'' was created and promoted by the Wal-Mart retail stores, which developed this protocol as a child-safety program to find a child who has been kidnapped or is merely lost in a public place. (3) This protocol was named in memory of 6-year-old Adam Walsh, who was murdered after being kidnapped from a Florida shopping mall in 1981, an event that brought the horror of child abduction to national attention. (4) ``Code Adam'' has proven extremely successful in thwarting many attempted abductions through the issuance of a ``Code Adam'' alert in commercial establishments, and it continues to be implemented in stores across the country with the help of the National Center for Missing and Exploited Children. (5) The Commonwealth of Puerto Rico is the only jurisdiction that has approved an Act to adopt the ``Code Adam'' in government buildings. SEC. 3. PROCEDURES IN FEDERAL BUILDINGS REGARDING A MISSING OR LOST CHILD. (a) In General.--On and after the 180th day after the date of the enactment of this Act, each Federal building that is open to the public shall have in place procedures described in subsection (b) for locating a child who is missing in a Federal building. (b) Notification and Search Procedures.--The head, Director, Commission, and Committee referred to in subsection (c), respectively, shall direct employees to assist any parent, guardian, or teacher whose child is missing in a Federal building by instituting and enforcing procedures that include the following: (1) Obtaining a detailed description of the child.--When a parent, tutor, or guardian notifies any employee of a Federal building that his/her child is lost, such employee shall obtain from the parent, tutor, or guardian, a detailed description of the child, including the name, age, color of eyes and hair, height, weight, and clothing description, particularly the shoes the child was wearing. Such employee shall-- (A) alert designated employees via a fast and effective means of communication that ``Code Adam'' has been activated; (B) furnish a detailed description of the child according to the information provided by the parent, tutor, or guardian; and (C) provide the telephone number or extension from which the alert is made. (2) Identification of child.--The employee shall escort the parent, tutor, or guardian to the main door of the Federal building to help in identifying the child, while designated employees stop their normal work to search for the child. (3) Monitoring exits.--Employees designated by the head, Director, Commission, and Committee referred to in subsection (c), respectively, shall monitor all building exits to ascertain that the child does not leave the building without the parent, tutor, or guardian. (4) Building Egress.--Any person leaving through any of the Federal building exits accompanied by a child shall be asked to go through the main exit previously designated by the head, Director, Commission, and Committee referred to in subsection (c), respectively. If once there, the person insists on leaving the Federal building, the person shall be allowed to do so once it has been determined that the child who is leaving is not the one being searched for and such person presumed to be the parent, tutor, or guardian, presents a government issued photo identification. (5) Local law enforcement.--Contacting local law enforcement agencies if a child is not found during the search. After the activation of ``Code Adam'' has been announced, designated employees shall search throughout the entire Federal building, and 2 or more of them, as may be considered necessary, shall be assigned to each floor to certify that the child is not there. The search shall include any parking lots used for such building. No other employees shall be compelled to participate in the search. (6) Broad notification.--If the child is not found within a 10-minute period, a designated employee shall call the 9-1-1 emergency phone number and report the situation so that state or local security or emergency personnel may be immediately deployed to the site. A designated employee shall also notify the National Center for Missing and Exploited Children. (7) Report.--Upon completion of the protocol, designated employees shall inform the head, Director, Commission, and Committee referred to in subsection (c), and other designated employees that the ``Code Adam'' has ended. The head, Director, Commission, and Committee referred to in subsection (c), respectively, shall prepare a report of the incident, which shall be kept in the administrative files for a term of not less than 3 years. (c) Enforcement.-- (1) Executive branch buildings.--The head of each Executive agency shall issue regulations, and take such other actions as may be necessary, to institute and enforce the procedures contained in subsection (b) as such procedures apply to Federal buildings owned or leased for use by the Executive Agency. (2) Judicial branch buildings.--The Director of the Administrative Office of the United States Courts shall take such actions as may be necessary to institute and enforce the procedures contained in subsection (b) as such procedures apply to Federal buildings owned or leased for use by an establishment in the judicial branch of the Government. (3) Legislative branch buildings.-- (A) House of representatives.--The House Office Building Commission shall take such actions as may be necessary to institute and enforce the procedures contained in subsection (b) as such procedures apply to Federal buildings owned or leased for use by the House of Representatives. (B) Senate.--The Committee on Rules and Administration of the Senate shall take such actions as may be necessary to institute and enforce the procedures contained in subsection (b) as such procedures apply to Federal buildings owned or leased for use by the Senate. (C) Other establishments.--The head of each establishment in the legislative branch of the Government (other than the House of Representatives and the Senate) shall take such actions as may be necessary to institute and enforce the procedures contained in subsection (b) as such procedures apply to Federal buildings owned or leased for use by the establishment. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Executive agency.--The term ``Executive agency'' has the same meaning such term has under section 105 of title 5, United States Code. (2) Federal agency.--The term ``Federal agency'' means any Executive agency and any establishment in the legislative or judicial branches of the Government. (3) Federal building.--The term ``Federal building'' means any building or other structure (or portion thereof) owned or leased for use by a Federal agency; except that such term does not include any building or other structure on a military installation or any area of a building that is used primarily as living quarters. (4) Child.--The term ``child'' means an individual who is 17 years of age or younger.

Code Adam Act - Requires each Federal building that is open to the public to have in place procedures for locating a child who is missing in that building.Requires the head of each executive agency, the Director of the Administrative Office of the United States Courts, the House Office Building Commission, and the Committee on Rules and Administration of the Senate to direct employees to assist any parent, guardian, or teacher whose child is missing in a Federal building by instituting and enforcing procedures that include: (1) obtaining a detailed description of the child and activating a "Code Adam" alert; (2) escorting the parent, teacher, or guardian to the door to help identify the child; (3) monitoring building exits; (4) requiring all persons with children to exit through a designated entrance; (5) searching the building and contacting local law enforcement if the child isn't found; (6) calling 911 and notifying the National Center for Missing and Exploited Children; and (7) preparing a report of the incident.

A bill to require that certain procedures are followed in Federal buildings when a child is reported missing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Reform Act of 1995''. SEC. 2. HEALTH CARE REFORM PROGRAM. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1704 the following new section: ``Sec. 1705. Delivery of health care through reformed management of care ``(a) The Secretary shall conduct a program to reform the way in which the Secretary manages delivery of health care to veterans. The program shall be carried out in accordance with this section. ``(b)(1) In carrying out the program of reformed health care under this section, the Secretary shall take appropriate action to (A) expand the capacity of the Department of Veterans Affairs to provide outpatient care to eligible veterans, and (B) allocate resources to Department facilities in such a manner as to enable such facilities in carrying out the provisions of this section to provide to veterans described in subsection (c) access to care which is reasonably similar, without regard to the State in which those veterans reside. ``(2) In carrying out paragraph (1), the Secretary shall take appropriate steps, within service-delivery areas established by the Secretary, to reduce duplication of services and to realign services and programs. ``(c)(1) During the period through September 30, 1999, the Secretary shall, for purposes of the program of reformed health care under this section, manage Department health care facilities so as to provide needed hospital care and outpatient medical treatment-- ``(A) to any veteran described in subsection (e) without regard to otherwise applicable limitations in this chapter (other than the limitations specified in section 1712(b) of this title); and ``(B) to all other veterans, subject to the limitations in this chapter. ``(2) The care and treatment described in paragraph (1) includes the provision of preventive health services and prosthetic appliances and may include home care services. ``(3) The Secretary shall, in carrying out the program, ensure that any veteran with a service-connected disability is provided all benefits to which that veteran is entitled under this chapter. ``(d)(1) The Secretary, in order to manage the provision of care and services under this section, shall coordinate care of veterans through facilities under the jurisdiction of, or under contract to, the Secretary and through referral to other appropriate providers in a veteran's community. ``(2) The Secretary, to further the provision of care and services under this section, may make such rules and regulations regarding acquisition procedures or policies as the Secretary considers appropriate to obtain needed care and services under this section. ``(3) The Secretary, in managing the provision of care and services under this section, may-- ``(A) use systems of patient prioritization, consistent with the relative priorities described in section 1712(i) of this title; and ``(B) establish a program of enrollment of eligible veterans. ``(4) The Secretary, in managing the provision of care and services under this section, shall ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans described in section 1710(a) of this title (including veterans with spinal cord dysfunction, blindness, and mental illness) within distinct programs or facilities of the Department that are dedicated to the specialized needs of those veterans in a manner that (A) affords those veterans reasonable access to care and services for those specialized needs, and (B) ensures that overall capacity of the Department to provide such services is not reduced below the capacity of the Department, nationwide, to provide those services as of the date of the enactment of this section. ``(e) A veteran referred to in subsection (c)(1)(A) is any veteran-- ``(1) with a compensable service-connected disability; ``(2) whose discharge or release from active military, naval, or air service was for a compensable disability that was incurred or aggravated in the line of duty; ``(3) who is in receipt of, or who, but for a suspension pursuant to section 1151 of this title (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran's continuing eligibility for such care is provided for in the judgment or settlement provided for in such section; ``(4) who is a former prisoner of war; ``(5) of the Mexican border period or of World War I; or ``(6) who is unable to defray the expenses of necessary care, as determined in accordance with section 1722(a) of this title. ``(f) Not later than February 1, 1999, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the experience of the Department in establishing and administering the program required by this section. The report shall include any recommendations of the Secretary for legislation to expand access of eligible veterans to health care services furnished by the Department. ``(g) This section shall expire at the close of September 30, 1999.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1704 the following new item: ``1705. Delivery of health care through reformed managment of care.''. (c) Deadline for Implementation.--The Secretary shall implement the program under section 1705 of title 38, United States Code, as added by subsection (a), not later than October 1, 1996. SEC. 3. FUNDS RECOVERED FROM THIRD PARTIES. (a) Authorized Uses.--Section 1729 of title 38, United States Code, is amended by adding at the end of paragraph (3) of subsection (g) the following new subparagraph: ``(C) Expenses of (i) establishing new outpatient clinics, (ii) altering or remodeling medical facilities to provide additional space for provision of outpatient care, and (iii) other measures as determined necessary by the Secretary to increase the number of outpatient visits provided eligible veterans through facilities of the Department or under contract arrangements.''. (b) Availability of Funds.--Subsection (g) of such section is further amended by striking out paragraph (4) and inserting the following: ``(4)(A) There shall be within the Fund a reserve to be available for the purposes specified in paragraph (3)(C). Not later than December 1 of each year, there shall be set aside for the reserve amounts as provided in this paragraph. If the amount to be set aside for the reserve for any year is less than zero, the amount added to the reserve for that year shall be zero. Funds may be obligated under paragraph (3)(C) only to the extent of the availability of unobligated amounts in the reserve. Amounts in the reserve shall remain available for obligation until expended. ``(B) On December 1, 1995, the amount set aside for the reserve under subparagraph (A) shall be the amount by which-- ``(i) the unobligated balance remaining in the Fund at the close of business on September 30, 1995, minus any part of such balance that the Secretary determines is necessary to defray the expenses, payments, and costs described in paragraph (3), exceeds ``(ii) $579,282,000. ``(C) On December 1, 1996, the amount set aside for the reserve under subparagraph (A) shall be the amount by which-- ``(i) the unobligated balance remaining in the Fund at the close of business on September 30, 1996, minus any part of such balance that the Secretary determines is necessary to defray the expenses, payments, and costs described in paragraph (3), exceeds ``(ii) $640,918,000. ``(D) On December 1, 1997, the amount set aside for the reserve under subparagraph (A) shall be the amount by which-- ``(i) the unobligated balance remaining in the Fund at the close of business on September 30, 1997, minus any part of such balance that the Secretary determines is necessary to defray the expenses, payments, and costs described in paragraph (3), exceeds ``(ii) $731,334,000. ``(E) On December 1, 1998, the amount set aside for the reserve under subparagraph (A) shall be the amount by which-- ``(i) the unobligated balance remaining in the Fund at the close of business on September 30, 1998, minus any part of such balance that the Secretary determines is necessary to defray the expenses, payments, and costs described in paragraph (3), exceeds ``(ii) $758,321,000. ``(F) On December 1, 1999, the amount set aside for the reserve under subparagraph (A) shall be the amount by which-- ``(i) the unobligated balance remaining in the Fund at the close of business on September 30, 1999, minus any part of such balance that the Secretary determines is necessary to defray the expenses, payments, and costs described in paragraph (3), exceeds ``(ii) $372,435,000. ``(5) Not later than January 1 of each year, there shall be deposited into the Treasury as miscellaneous receipts an amount equal to the amount of the unobligated balance remaining in the Fund at the close of business on September 30 of the preceding year minus (A) any part of such balance that the Secretary determines is necessary in order to enable the Secretary to defray, during the fiscal year in which the deposit is made, the expenses, payments, and costs described in paragraph (3), and (B) the amount in the reserve described in paragraph (4). ``(6) The Secretary shall prescribe regulations for the allocation of amounts in the reserve under paragraph (4) for the purposes stated in paragraph (3)(C). Those regulations shall be designed to provide incentives to increase the recoveries and collections under this section. Such regulations may provide that up to 25 percent of those amounts be made available each year directly to the medical centers, or networks of medical centers, at which such recoveries have been at above average levels. The remainder of those funds shall be allocated by the Secretary, based on the plan developed pursuant to paragraph (7), in a manner such that funds are targeted to areas determined to have the greatest unmet need for outpatient care. ``(7) In order to promote effective planning for orderly development of needed capacity for providing outpatient care to eligible veterans, the Under Secretary for Health shall conduct an annual study to evaluate the relative need within service-delivery areas of the Department for expanding that capacity (directly or through contract arrangements).''. (c) Annual Report on Medical Care Cost Recovery.--Such section is further amended by adding at the end the following new subsection: ``(j) Not later than February 1 each year, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on medical care cost recovery under this section. The report shall include (1) the plan described in subsection (g)(7), (2) the regulations promulgated under subsection (g)(6), (3) the specific allocations made pursuant to such regulations, and (4) the actions taken by the Secretary to carry out section 2(d)(4) of the Veterans Health Care Reform Act of 1995 during the preceding fiscal year.''.

Veterans Health Care Reform Act of 1995 - Directs the Secretary of Veterans Affairs to conduct within the Department of Veterans Affairs a program of reformed health care to: (1) expand the Department's capacity to provide outpatient care to eligible veterans; and (2) allocate resources to enable Department facilities to provide access to health care which is reasonably similar, regardless of the State of residence, to: (a) veterans with a compensable service-connected disability; (b) veterans discharged or released from active duty due to a disability incurred in the line of duty; (c) certain veterans in receipt of veterans' disability compensation; (d) former prisoners of war; (e) veterans of the Mexican border period or World War I; or (f) veterans unable to defray the expenses of necessary care. Directs the Secretary, through September 30, 1999, to manage Department health care facilities so as to provide to such veterans and all other veterans (subject to certain limitations) necessary hospital care and outpatient medical treatment, including preventive health care and prosthetic appliances. Allows home care services to be included. Directs the Secretary to ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans. Directs the Secretary to report to specified congressional committees on the Department's experience in establishing and administering the program. Terminates the program at the end of FY 1999. Adds to the authorized uses of health care reimbursement funds recovered by the Department from third party payers the expenses of establishing new outpatient care clinics or altering or remodeling current facilities to provide additional space for such care. Establishes within the Department of Veterans Affairs Medical-Care Cost Recovery Fund a reserve for such purposes. Directs the Secretary to report to specified congressional committees on medical care cost recovery.

Veterans Health Care Reform Act of 1995

SECTION 1. BROADCAST OWNERSHIP. (a) Amendment.--Title III of the Communications Act of 1934 is amended by inserting after section 335 (47 U.S.C. 335) the following new section: ``SEC. 336. BROADCAST OWNERSHIP. ``(a) Limitations on Commission Rulemaking Authority.--Except as expressly permitted in this section, the Commission shall not prescribe or enforce any regulation-- ``(1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in a broadcasting station and any other medium of mass communication; or ``(2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or from owning, operating, or controlling a network of broadcasting stations and any other medium of mass communications. ``(b) Television Ownership Limitations.-- ``(1) National audience reach limitations.--The Commission shall prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, or controlling, or having a cognizable interest in, television stations which have an aggregate national audience reach exceeding-- ``(A) 35 percent, for any determination made under this paragraph before one year after the date of enactment of this section; or ``(B) 50 percent, for any determination made under this paragraph on or after one year after such date of enactment. Within 2 years after such date of enactment, the Commission shall conduct a study on the operation of this paragraph and submit a report to the Congress on the development of competition in the television marketplace and the need for any revisions to or elimination of this paragraph. ``(2) Multiple licenses in a market.-- ``(A) In general.--The Commission shall prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, or controlling, or having a cognizable interest in, two or more television stations within the same television market. ``(B) Exception for multiple uhf stations and for uhf-vhf combinations.--Notwithstanding subparagraph (A), the Commission shall not prohibit a person or entity from directly or indirectly owning, operating, or controlling, or having a cognizable interest in, two television stations within the same television market if at least one of such stations is a UHF television, unless the Commission determines that permitting such ownership, operation, or control will harm competition or will harm the preservation of a diversity of voices in the local television market. ``(C) Exception for vhf-vhf combinations.-- Notwithstanding subparagraph (A), the Commission may permit a person or entity to directly or indirectly own, operate, or control, or have a cognizable interest in, two VHF television stations within the same television market, if the Commission determines that permitting such ownership, operation, or control will not harm competition and will not harm the preservation of a diversity of voices in the local television market. ``(c) Definitional Regulations Permitted.--The Commission may prescribe regulations-- ``(1) providing for the treatment of any persons or entities under common ownership or control as a single person or entity for purposes of this section, except that the Commission shall not change the attribution rules in effect on the date of enactment of this section; ``(2) specifying procedures for the determination of markets and audience reach; and ``(3) defining direct or indirect ownership, operation, and control, and cognizable interest, consistent with the purposes of this section. ``(d) Transition Provisions.--Any provision of any regulation prescribed before the date of enactment of this section that is inconsistent with the requirements of this section shall cease to be effective on such date of enactment. The Commission shall complete all actions (including any reconsideration) necessary to amend its regulations to conform to the requirements of this section not later than 6 months after such date of enactment. Nothing in this section shall be construed to prohibit the continuation or renewal of any television local marketing agreement that is in effect on such date of enactment and that is in compliance with Commission regulations on such date.''. (b) Conforming Amendment.--Section 613(a) of the Communications Act of 1934 (47 U.S.C. 533(a)) is repealed.

Amends the Communications Act of 1934 (the Act) to prohibit the Federal Communications Commission (FCC) from prescribing or enforcing any regulation: (1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in such a station and any other medium of mass communication; or (2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or such a network and any other medium of mass communications. Requires the FCC to prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, controlling, or having a cognizable interest in: (1) television stations which have an aggregate national audience reach exceeding 35 percent for any determination made before one year after enactment of this Act or 50 percent for any determination made thereafter; or (2) two or more television stations within the same market, except where at least one of the stations is a UHF station or where the Commission determines that ownership, operation, or control of two VHF television stations within the same market would not harm the preservation of a diversity of voices in the market. Requires the FCC to study and report to the Congress, within two years after the enactment of this Act, on the development of competition in the television marketplace and the need for any revisions to, or elimination of, audience reach limitations under this Act.

To amend the Communications Act of 1934 to reduce the restrictions on ownership of broadcasting stations and other media of mass communications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Demand Letter Transparency Act of 2013''. SEC. 2. DEMAND LETTER DISCLOSURE REQUIREMENT. (a) Amendment.--Chapter 26 of title 35, United States Code, is amended by adding at the end the following new section: ``Sec. 263. Disclosure of Information Related to Patent Ownership ``(a) Demand Letter Disclosure.--Any entity that sends 20 or more demand letters during any 365-day period shall, not later than the disclosure deadline, submit to the Patent and Trademark Office with respect to each patent that was the subject in each such letter the following: ``(1) Identification of the patent and confirmation that the entity that sent the letter is the owner of the patent (or a representative of such person) and is the last recorded entity in the records of the Patent and Trademark Office for purposes of assignment, grant, or conveyance under this chapter. ``(2) Identification of the entity that has the right to license the patent or, in the case of a patent already exclusively licensed, the name of the exclusive licensee. ``(3) Identification of each entity asserting a claim with regard to a patent in such letter in accordance with subsection (b). ``(4) Identification of each obligation to license the patent on reasonable and nondiscriminatory terms, including a copy of each letter of assurance to each standard-setting organization with respect to such obligation, and the financial terms, including the rate, at which such patent has been licensed pursuant to such obligation. ``(5) Identification of the ultimate parent entity of such entity. ``(6) Identification of the number of entities that received a demand letter from the entity that sent the letter. ``(7) Identification of any case that has been filed by such entity relating to each such patent, including the docket number and the court in which the case was filed. ``(8) Identification of any ex parte review under chapter 30 or inter partes review under chapter 31 of such patent. ``(9) Any required registration fee established with regard to this section. ``(b) Information Not Readily Accessible.--An entity required to disclose the information described under subsection (a) shall include with such disclosure a description of any information described under subsection (a) that is not disclosed, why such undisclosed information was not readily accessible, and the efforts made by such entity to access such undisclosed information. ``(c) Identification.-- ``(1) Publicly traded.--For purposes of subsection (a)(3), if the entity to be identified is owned or controlled by a corporation traded on a public stock exchange, an identification of the publicly traded corporation and the public stock exchange shall be sufficient. ``(2) Not publicly traded.--For purposes of subsection (a)(3), if the entity to be identified is not owned or controlled by a publicly traded corporation, the information shall identify-- ``(A) in the case of a partnership, the name and address of each partner or other entity, holding more than a 5 percent share of that partnership; ``(B) in the case of a corporation, the location of incorporation and the name of each officer of the corporation; ``(C) in the case of an entity that is directly or indirectly controlled by another entity, the name and address of the entity and each other entity, and the name, address, location of incorporation, and each officer or partner of the entity and each other entity; and ``(D) for each individual, the name and address of that individual. ``(3) Number of demand letters.--The requirement under subsection (a)(6) shall be updated regularly by the Director. ``(d) Failure To Comply.-- ``(1) Monetary sanctions.--Any entity that does not meet the requirements of this section with regard to a patent or the disclosure requirements with respect to a demand letter under section 264 may be subject to monetary sanctions by a court in an action brought by such entity with regard to infringement or validity of such patent, for an amount to be awarded to the adverse party that covers any cost incurred by the adverse party resulting from the failure of such entity to meet the requirements of this section, including any reasonable cost incurred by such adverse party to discover the correct and complete information described under subsection (a) with regard to such patent, unless such sanctions would be unjust. ``(2) Award of damages or fees.--A court in a case involving monetary sanctions described in paragraph (1)-- ``(A) may not award treble damages under the second undesignated paragraph of section 284 or attorney's fees under section 285 to the entity described in paragraph (1), unless the denial of such damages or fees would be manifestly unjust; and ``(B) shall consider good faith mistakes in a relevant demand letter when calculating attorneys fees under section 285 and damages under section 284. ``(e) Ongoing Duty To Correct or Supplement.--An entity described in subsection (a) shall update any filing made pursuant to such subsection with correct information not later than 20 days after any change in the information described under subsection (a). ``(f) Exemption.--This section shall not apply to any of the following: ``(1) The original inventor or joint inventor. ``(2) An institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). ``(3) A technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by one or more institutions of higher education. ``(g) Definitions.--In this section: ``(1) Demand letter.--The term `demand letter' means any written communication directed to an unaffiliated third party stating or indicating, directly or indirectly, that the intended recipient or anyone affiliated with that recipient is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent. ``(2) Disclosure deadline.--The term `disclosure deadline' means the lesser of 30 days after the 20th demand letter is sent or 15 days before the earliest date of compliance described in the 20th demand letter. ``(3) Ultimate parent entity.-- ``(A) In general.--Except as provided in subparagraph (B), the term `ultimate parent entity' has the meaning given such term in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation. ``(B) Modification of definition.--The Director may modify the definition of `ultimate parent entity' by regulation.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 26 of title 35, United States Code, is amended by adding at the end the following new item: ``263. Disclosure of Information Related to Patent Ownership.''. (c) Regulations.--The Director may promulgate such regulations as are necessary to establish a registration fee in an amount sufficient to recover the estimated costs of administering section 263 of title 35, United States Code, as added by subsection (a), to facilitate the collection and maintenance of the information required by such section, and to ensure the timely disclosure of such information to the public. (d) Demand Letter Database.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Director, in consultation with the Attorney General and the Federal Trade Commission, shall establish a publicly accessible and searchable database of the information obtained pursuant to section 263 of title 35, United States Code, as added by subsection (a), to be maintained at and updated by the Office. (2) Protection of information.--The Director shall allow recipients of a demand letter (as such term is defined under section 263(g), as added by subsection (a)) to request the redaction of the company name, company-specific information, or any other company information from the database described in paragraph (1). SEC. 3. DEMAND LETTER REQUIREMENT. (a) Amendment.--Chapter 26 of title 35, United States Code, as amended by section 2(a), is amended by adding at the end the following new section: ``Sec. 264. Requirements for patent infringement demand letters ``(a) In General.--Any entity sending a demand letter shall include in any demand letter sent to another entity the following: ``(1) An identification of each patent that is or may be allegedly infringing. ``(2) An identification of each claim of each patent identified under paragraph (1) that is allegedly infringed. ``(3) For each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an `accused instrumentality') alleged to infringe the claim. ``(4) For each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of-- ``(A) the name or model number of each accused instrumentality; and ``(B) the name of each accused method, system, process, function, act, or service, or the name or model number of each apparatus, product, feature, or device that, when used, allegedly results in the practice of the claimed invention. ``(5) For each accused instrumentality identified under paragraph (3), an explanation of-- ``(A) where each element of each asserted claim identified under paragraph (2) is found within the accused instrumentality; ``(B) whether each such element is infringed literally or under the doctrine of equivalents; and ``(C) with detailed specificity, how the terms in each asserted claim identified under paragraph (2) correspond to the functionality of the accused instrumentality. ``(6) For each claim that is alleged to have been infringed indirectly, a description of-- ``(A) the direct infringement; ``(B) any person alleged to be a direct infringer known to the party alleging infringement; and ``(C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement. ``(7) A description of the right of the party alleging infringement to assert each-- ``(A) patent identified under paragraph (1); and ``(B) patent claim identified in paragraph (2). ``(8) A description of the principal business of the party alleging infringement. ``(9) A list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the patents identified under paragraph (1). ``(10) Identification of any case that has been filed by such entity relating to each patent identified under paragraph (1), including the docket number and the court in which the case was filed. ``(11) Identification of any ex parte review under chapter 30 or any inter partes review under chapter 31 for each patent identified under paragraph (1). ``(12) For each patent identified under paragraph (1), whether such patent is subject to any licensing term or pricing commitments through any agency, organization, standard-setting body, or other entity or community. ``(13) The identity of any person other than the party alleging infringement, known to the party alleging infringement, who-- ``(A) owns or co-owns a patent identified under paragraph (1); ``(B) is the assignee of a patent identified under paragraph (1); or ``(C) is an exclusive licensee to a patent identified under paragraph (1). ``(14) The identity of any person other than the party alleging infringement, known to the party alleging infringement, who has a legal right to enforce a patent identified under paragraph (1) through a civil action under any Act of Congress relating to patents or is licensed under such patent. ``(15) The identity of any person with a direct financial interest in the outcome of the action, including a right to receive proceeds, or any fixed or variable portion thereof. ``(16) A description of any agreement or other legal basis for a financial interest described in paragraph (13). ``(17) A description of how the recipient of the demand letter can access the demand letter database of the Patent and Trademark Office. ``(18) At the bottom of such letter, a clear statement of the following: `You are not required to respond to this letter by law.'. ``(b) Information Not Readily Accessible.--An entity required to disclose the information described under subsection (a) shall include with such disclosure a description of any information described under subsection (a) that is not disclosed, why such undisclosed information was not readily accessible, and the efforts made by such entity to access such undisclosed information. ``(c) Demand Letter Defined.--In this section, the term `demand letter' shall have the meaning given that term under section 263(g).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 26 of title 35, United States Code, as amended by section 2(b), is amended by adding at the end the following new item: ``264. Requirements for patent infringement demand letters.''. SEC. 4. PENALTIES. (a) Amendment.--Chapter 26 of title 35, United States Code, as amended by sections 2(a) and 3(a), is amended by adding at the end the following new section: ``Sec. 265. Penalties ``(a) Disclosure of Information to the Patent and Trademark Office Violation.--Any entity that receives a demand letter and that believes the requirements under section 263 have not been met with respect to such patent may submit to the Office in writing a petition-- ``(1) describing the requirements that have not been met under section 263; and ``(2) anything else the Director determines to be necessary. ``(b) Demand Letter Requirement Violation.--Any entity that receives a demand letter that does not meet the requirements described under section 264 may submit to the Office in writing a petition-- ``(1) describing the requirements that have not been included in such letter; and ``(2) anything else the Director determines to be necessary. ``(c) Notice of Intent To Abandon.--If the Office determines that the requirements of section 263 or 264 have not been met with respect to a patent, the Office shall notify the patent owner that the patent will be voided unless a fee is paid not later than 3 months after the date on which the notification is sent. The Director may accept the payment of any fee required by this subsection if the delay is shown to the satisfaction of the Director to have been unintentional or unavoidable. The Director shall consider good faith mistakes in the determination of whether to void a patent under this section. ``(d) Demand Letter Defined.--In this section, the term `demand letter' shall have the meaning given that term under section 263(g).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 26 of title 35, United States Code, as amended by sections 2(b) and 3(b), is amended by adding at the end the following new item: ``265. Penalties.''. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Director shall establish, by regulation, a fee for filing a petition under section 265 in such amounts as the Director determines to be reasonable. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Enforcement.--A violation of section 263 or 264 of title 35, United States Code, as added by sections 2 and 3, respectively, shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce such rules in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. Any entity who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Rule of Construction.--Nothing in this section shall be construed-- (1) to limit the authority of the Federal Trade Commission under any other provision of law; or (2) except as specifically provided in this section to provide the Federal Trade Commission with any additional authority. SEC. 6. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Office.--The term ``Office'' means the United States Patent and Trademark Office. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act and shall apply to an entity that sends a demand letter (as such term is defined under section 263(g) of title 35, United States Code, as added by section 2(a)) on or after that date.

Demand Letter Transparency Act of 2013 - Requires any entity that sends a specified number of demand letters during any 365-day period to submit to the U.S. Patent and Trademark Office (USPTO), with respect to each patent that was the subject in each letter, a disclosure identifying: the patent, including a confirmation that the entity that sent the letter is the owner of the patent and is the last recorded entity in USPTO records for purposes of assignment, grant, or conveyance; the entity that has the right to license the patent or the name of the exclusive licensee; each entity asserting a claim with regard to the patent; each obligation to license the patent and the financial terms at which such patent has been licensed; the ultimate parent entity of such entity; the number of recipients of the letter; any case that has been filed by such entity relating to such patent; and any ex parte review or inter partes review of such patent. Defines "demand letter" as any written communication directed to an unaffiliated third party stating or indicating that the intended recipient, or anyone affiliated with that recipient, is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent. Authorizes a court, in a patent infringement or validity action brought by an entity that does not meet such USPTO disclosure requirements, to sanction such entity for an amount to be awarded to the adverse party to cover any costs incurred as a result of such violation. Exempts from such disclosure requirements: (1) original or joint inventors, (2) institutions of higher education, and (3) technology transfer organizations facilitating the commercialization of technology developed by institutions of higher education. Directs the USPTO to establish a publicly accessible and searchable database of the information obtained pursuant to such disclosures. Requires any demand letter sent to another entity to include specified information concerning: each claim of each patent allegedly infringed, including each accused instrumentality; each party alleging infringement; the direct infringement for each claim alleged to have been infringed indirectly; the principal business of the party alleging infringement; each complaint filed that asserts or asserted any of the same patents, each case filed by such entity, and any ex parte or inter partes review for each patent; whether the patent is subject to any licensing term or pricing commitments; owners, co-owners, assignees, or exclusive licensees of the patent; any person who has a legal right to enforce the patent; any person with a direct financial interest in the outcome of the action; and how the recipient can access the USPTO demand letter database. Permits a recipient of a demand letter to file a petition with the USPTO if it believes that disclosure or patent letter information requirements have not been met. Directs the USPTO, if it determines that a requirement has not been met, to notify the patent owner that the patent will be voided unless a fee is paid. Requires the USPTO to consider good faith mistakes in the determination of whether to void a patent. Directs the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice.

Demand Letter Transparency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Bankruptcy Judgeships Extension Act of 2011''. SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL DISTRICTS. (a) Temporary Office of Bankruptcy Judges Authorized by Public Law 109-8.-- (1) Extensions.--The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of Public Law 109-8 (28 U.S.C. 152 note) are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs: (A) The central district of California. (B) The eastern district of California. (C) The district of Delaware. (D) The southern district of Florida. (E) The southern district of Georgia. (F) The district of Maryland. (G) The eastern district of Michigan. (H) The district of New Jersey. (I) The northern district of New York. (J) The southern district of New York. (K) The eastern district of North Carolina. (L) The eastern district of Pennsylvania. (M) The middle district of Pennsylvania. (N) The district of Puerto Rico. (O) The district of South Carolina. (P) The western district of Tennessee. (Q) The eastern district of Virginia. (R) The district of Nevada. (2) Vacancies.-- (A) Single vacancies.--Except as provided in subparagraphs (B), (C), (D), and (E), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B) Central district of california.--The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the central district of California-- (i) occurring 5 years or more after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C) District of delaware.--The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (D) Southern district of florida.--The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (E) District of maryland.--The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the district of Maryland-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3) Applicability of other provisions.--Except as provided in paragraphs (1) and (2), all other provisions of section 1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1). (b) Temporary Office of Bankruptcy Judges Extended by Public Law 109-8.-- (1) Extensions.--The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and extended by section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) for the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs. (2) Vacancies.-- (A) District of delaware.--The 5th vacancy in the office of a bankruptcy judge for the district of Delaware-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (B) District of puerto rico.--The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (C) Eastern district of tennessee.--The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee-- (i) occurring more than 5 years after the date of the enactment of this Act, and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3) Applicability of other provisions.--Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1). (c) Temporary Office of the Bankruptcy Judge Authorized by Public Law 102-361 for the Middle District of North Carolina.-- (1) Extension.--The temporary office of the bankruptcy judge authorized by section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) for the middle district of North Carolina is extended until the vacancy specified in paragraph (2) occurs. (2) Vacancy.--The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina-- (A) occurring more than 5 years after the date of the enactment of this Act, and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3) Applicability of other provisions.--Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of the bankruptcy judge referred to in paragraph (1). SEC. 3. BANKRUPTCY FILING FEE. (a) Bankruptcy Filing Fee.--Section 1930(a)(3) of title 28, United States Code, is amended by striking ``$1,000'' and inserting ``$1,042''. (b) Expenditure Limitation.--Incremental amounts collected by reason of the enactment of subsection (a) shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act. (c) Effective Date.--This section shall take effect 180 days after the date of enactment of this Act. Passed the House of Representatives December 6, 2011. Attest: KAREN L. HAAS, Clerk.

Temporary Bankruptcy Judgeships Extension Act of 2011 - (Sec. 2) Extends the temporary office of 30 bankruptcy judgeships authorized or extended under the Bankruptcy Judgeship Act of 1992 and Bankruptcy Judgeship Act of 2005 until applicable vacancies identified in this Act occur in the office of a bankruptcy judge for specified districts in California, Delaware, Florida, Georgia, Maryland, Michigan, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, and Nevada. Prohibits filling specified bankruptcy judge vacancies in such districts occurring more than five years after enactment of this Act and resulting from the death, retirement, resignation, or removal of a bankruptcy judge (thus extending the lapse date under current law by five years). (Sec. 3) Increases by a specified amount the bankruptcy filing fee for a case commenced under chapter 11 (Reorganization) that does not concern a railroad. Requires that certain incremental amounts collected by reason of such increased fees be: (1) deposited in a special fund in the Treasury; and (2) made available to offset funds appropriated for the operation and maintenance of U.S. courts, but only to the extent specifically appropriated by an Act enacted after enactment of this Act. Reduces the percentage of such fees to be deposited as offsetting collections to the U.S. Trustee System Fund (funds available to the Attorney General for operations of U.S. trustees). Increases the percentage of chapter 7 (Liquidation) and 13 (Adjustment of Debts of an Individual with Regular Income) fees to be deposited as offsetting receipts to remain available to the Judiciary for expenses, services, and administration of U.S. courts. (Sec. 4) Requires Judiciary Committees of the House and Senate, prior to further reauthorization of any judgeship authorized by this Act, to: (1) conduct a review of the bankruptcy judgeships authorized by this Act to determine the need for continued reauthorization of each judgeship; (2) evaluate any changes in all bankruptcy case filings and the effect on filing fee revenue; and (3) require the Administrative Office of the Courts to submit a report on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue.

To prevent the termination of the temporary office of bankruptcy judges in certain judicial districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Adelmann Manufactured Housing Community Sustainability Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) more than 17 million people live in manufactured homes, benefitting from high-quality affordable homes that can provide them stability; (2) owners of manufactured homes are disproportionately low-income households: in 2013, the median annual household income for those living in manufactured housing was $28,400; (3) about 75 percent of manufactured home households earn less than $50,000; (4) over 10 percent of United States veterans live in manufactured homes; (5) in the late 1990s, manufactured housing represented two-thirds of the new affordable housing produced in the United States, and it remains the largest source of unsubsidized affordable housing in the country; (6) as of 2015, the average cost per square foot for a new manufactured home was $48, less than half the $101 per square foot of the structure-only cost of a new site-built home; (7) in 2009, 43 percent of all new homes that sold for less than $150,000 were manufactured homes; (8) manufactured homes accounts for 23 percent of new home sales under $200,000; (9) more than 50,000 manufactured home communities, or ``mobile home parks'', exist throughout the United States; (10) more than 2.9 million manufactured homes are placed in manufactured home communities; (11) manufactured home communities provide critical affordable housing but receive very little local, State, or Federal funds subsidizing the cost of these homes; (12) manufactured home owners in communities may own the home, but they do not own the land under their homes, leaving them vulnerable to rent increases, arbitrary rule enforcement, and even closure of the community if the community owner decides to convert the land to some other use; (13) eviction or closure of manufactured home communities is very disruptive to residents who may be unable to pay the thousands of dollars it takes to move their home or even find a new location for their home; (14) in the past two decades, a national network of housing providers has helped residents purchase and own the land and manage the community in order to preserve a crucial source of affordable housing; (15) nationwide, there are more than 1,000 of these stable, permanent ownership cooperatives or nonprofit-owned developments in more than a dozen States; (16) members continue to own their own homes individually and an equal share of the land beneath the entire neighborhood where everyone has a say in the way the resident-owned community is run, and major decisions are made by democratic vote by a member-elected board of directors; (17) in New Hampshire, more than 20 percent of manufactured home communities are owned by residents; (18) in Vermont, Massachusetts, Rhode Island, Washington, Oregon, and Minnesota, resident-owned cooperatives and nonprofit ownership have flourished; (19) nationwide, only 2 percent of all manufactured home communities are resident- or nonprofit-owned; (20) owners are frequently reluctant to sell the community because they would prefer to pass the property on to their heirs tax free and avoid capital gains taxes; (21) when the owner dies, the heirs frequently sell the community to the highest bidder resulting in displacement for dozens and sometimes hundreds of families; and (22) a Federal tax benefit needs to be established to induce owners to sell to residents they have known for decades or to nonprofit organizations in order to preserve the community for years to come. SEC. 3. TAX CREDIT FOR MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR NONPROFIT ENTITY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45S. MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR NONPROFIT ENTITY. ``(a) Allowance of Credit.--For purposes of section 38, the manufactured home community sale credit determined under this section for any taxable year is an amount equal to 75 percent of the qualified gain received by the taxpayer during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified gain.--The term `qualified gain' means gain from the sale or exchange of real property to a qualified manufactured home community cooperative or corporation if-- ``(A) the real property is acquired for use as a manufactured home community, and ``(B) the requirements of paragraph (2) are met. ``(2) Requirements.--The requirements of this paragraph are met if-- ``(A) the seller (or any related person) owned the property for not less than the 2-year period ending before the sale or exchange, and ``(B) the property is transferred subject to a binding covenant that the property will be used as a manufactured home community for not less than 50 years. ``(3) Manufactured home community.--The term `manufactured home community' means a community comprised primarily of manufactured homes used solely for residential purposes and owned by a manufactured home community cooperative or corporation. ``(4) Manufactured home community cooperative or corporation.-- ``(A) In general.--The term `qualified manufactured home community cooperative or corporation' means a cooperative or a nonprofit corporation established pursuant to the laws of the State in which the property used as a manufactured home community is located and which-- ``(i) in the case of a community owned by a nonprofit corporation whose membership interests are sold on a nonappreciating basis, has only one class of membership consisting of residents, and ``(ii) in the case of a community owned by a cooperative, has no more than two classes of membership, which includes both members and a tax-exempt organization actively engaged in supporting affordable housing and resident- owned manufactured home communities. ``(B) Governance.--An entity shall not be treated as a qualified manufactured home community cooperative or corporation for purposes of subparagraph (A) unless governance of the entity is carried out by members elected to a board of directors with voting structured equitably among all members. ``(C) Member.--The term `member' means-- ``(i) an individual-- ``(I) has attained the age of 18, ``(II) is entitled by reason of the individual's membership interest to execute an occupancy agreement with the manufactured home community cooperative nonprofit with respect to one site in the manufactured home community for the purposes of situating a manufactured home owned by the member or, as permitted by the manufactured community cooperative or corporation, the member's trust or other entity, and ``(III) is a resident of the manufactured home community, and ``(ii) a tax exempt organization. ``(5) Membership interest.--The term `membership interest' means an ownership interest in a manufactured home community cooperative or corporation or a membership interest in a manufactured home community nonprofit corporation. ``(6) Manufactured home.--The term `manufactured home' means a structure, transportable in one or more sections, which-- ``(A) in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, ``(B) is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, and electrical heating systems, and ``(C) in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426) by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section. ``(c) Special Rules.-- ``(1) Related person.--For purposes of subsection (b)(2)(A), a person (hereafter in this subparagraph referred to as the `related person') is related to the seller if-- ``(A) the related person bears a relationship to the seller specified in section 267(b) or 707(b)(1), or ``(B) the related person and the seller are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). ``(2) Election by both seller and buyer.--The credit is allowable under this section only if-- ``(A) elected by both the seller and the buyer of the real property and evidenced by an affidavit executed by both parties, and ``(B) the buyer of the real property records the affidavit and the affidavit is referenced in its deed to the real property. The seller shall elect the credit under this section on its return of tax. ``(d) Tax Upon Violation of Covenant.--There is imposed a tax on the buyer for a violation of the covenant specified in subsection (b)(2)(B). The amount of such tax shall be 20 percent of the net proceeds after settlement for the sale or exchange of the real property referred to in subsection (b)(2). For purposes of section 501(a), the tax imposed by this subsection shall not be treated as a tax imposed by this subtitle. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including the recapture of the tax benefit under this section in any case in which the real property described in subsection (b) is not used as a manufactured home community for at least 50 years.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the manufactured home community sale credit determined under section 45S(a).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the manufactured home community sale credit determined under section 45S(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Manufactured home community sale to residents or nonprofit entity.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Frank Adelmann Manufactured Housing Community Sustainability Act This bill amends the Internal Revenue Code to allow a business-related tax credit equal to 75% of the gain from the sale or exchange of real property to a qualified manufactured home community cooperative or corporation if: (1) the property is acquired for use as a manufactured home community, (2) the seller (or any related person) owned the property for at least two years before the sale or exchange, and (3) the property is transferred subject to a binding covenant that the property will be used as a manufactured home community for at least 50 years. A "qualified manufactured home community cooperative or corporation" is a cooperative or a nonprofit corporation established pursuant to the laws of the state in which the property is located. The bill specifies membership and governance requirements for the communities owned by the cooperative or nonprofit corporation. The bill also imposes a tax on buyers who violate the covenant to use the property for manufactured housing for at least 50 years.

Frank Adelmann Manufactured Housing Community Sustainability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Compensation for First Responders Act''. SEC. 2. ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY EXPERIMENTAL VACCINES AND DRUGS. (a) Repeal.--The Public Readiness and Emergency Preparedness Act (division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148)) is repealed. (b) National Biodefense Injury Compensation Program.-- (1) Establishment.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following: ``(q) Biodefense Injury Compensation Program.-- ``(1) Establishment.--There is established the Biodefense Injury Compensation Program (referred to in this subsection as the `Compensation Program') under which compensation may be paid for death or any injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(2) Administration and interpretation.--The statutory provisions governing the Compensation Program shall be administered and interpreted in consideration of the program goals described in paragraph (4)(B)(iii). ``(3) Procedures and standards.--The Secretary shall by regulation establish procedures and standards applicable to the Compensation Program that follow the procedures and standards applicable under the National Vaccine Injury Compensation Program established under section 2110, except that the regulations promulgated under this paragraph shall permit a person claiming injury or death related to the administration of any covered countermeasure to file either-- ``(A) a civil action for relief under subsection (p); or ``(B) a petition for compensation under this subsection. ``(4) Injury table.-- ``(A) Inclusion.--For purposes of receiving compensation under the Compensation Program with respect to a countermeasure that is the subject of a declaration under subsection (p)(2), the Vaccine Injury Table under section 2114 shall be deemed to include death and the injuries, disabilities, illnesses, and conditions specified by the Secretary under subparagraph (B)(ii). ``(B) Injuries, disabilities, illnesses, and conditions.-- ``(i) Institute of medicine.--Not later than 30 days after making a declaration described in subsection (p)(2), the Secretary shall enter into a contract with the Institute of Medicine, under which the Institute shall, within 180 days of the date on which the contract is entered into, and periodically thereafter as new information, including information derived from the monitoring of those who were administered the countermeasure, becomes available, provide its expert recommendations on the injuries, disabilities, illnesses, and conditions whose occurrence in one or more individuals are likely (based on best available evidence) to have been caused by the administration of a countermeasure that is the subject of the declaration. ``(ii) Specification by secretary.--Not later than 30 days after the receipt of the expert recommendations described in clause (i), the Secretary shall, based on such recommendations, specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table under section 2114 for the purposes described in subparagraph (A). ``(iii) Program goals.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided taking into account the following goals of such program: ``(I) To encourage persons to develop, manufacture, and distribute countermeasures, and to administer covered countermeasures to individuals, by limiting such persons' liability for damages related to death and such injuries, disabilities, illnesses, and conditions. ``(II) To encourage individuals to consent to the administration of a covered countermeasure by providing adequate and just compensation for damages related to death and such injuries, disabilities, illnesses, or conditions. ``(III) To provide individuals seeking compensation for damages related to the administration of a countermeasure with a non-adversarial administrative process for obtaining adequate and just compensation. ``(iv) Use of best available evidence.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided using the best available evidence, including information from adverse event reporting or other monitoring of those individuals who were administered the countermeasure, whether evidence from clinical trials or other scientific studies in humans is available. ``(v) Application of section 2115.--With respect to section 2115(a)(2) as applied for purposes of this subsection, an award for the estate of the deceased shall be-- ``(I) if the deceased was under the age of 18, an amount equal to the amount that may be paid to a survivor or survivors as death benefits under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); or ``(II) if the deceased was 18 years of age or older, the greater of-- ``(aa) the amount described in subclause (I); or ``(bb) the projected loss of employment income, except that the amount under this item may not exceed an amount equal to 400 percent of the amount that applies under item (aa). ``(vi) Application of section 2116.-- Section 2116(b) shall apply to injuries, disabilities, illnesses, and conditions initially specified or revised by the Secretary under clause (ii), except that the exceptions contained in paragraphs (1) and (2) of such section shall not apply. ``(C) Rule of construction.--Section 13632 (a)(3) of Public Law 103-66 (107 Stat. 646) (making revisions by Secretary to the Vaccine Injury Table effective on the effective date of a corresponding tax) shall not be construed to apply to any revision to the Vaccine Injury Table made under regulations under this paragraph. ``(5) Application.--The Compensation Program applies to any death or injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(6) Special masters.-- ``(A) Hiring.--In accordance with section 2112, the judges of the United States Claims Court shall appoint a sufficient number of special masters to address claims for compensation under this subsection. ``(B) Budget authority.--There are appropriated to carry out this subsection such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter. This subparagraph constitutes budget authority in advance of appropriations and represents the obligation of the Federal Government. ``(7) Covered countermeasure.--For purposes of this subsection, the term `covered countermeasure' has the meaning given to such term in subsection (p)(7)(A). ``(8) Funding.--Compensation made under the Compensation Program shall be made from the same source of funds as payments made under subsection (p).''. (2) Effective date.--This subsection shall take effect as of November 25, 2002 (the date of enactment of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)).

Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act (Division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006). Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable. Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure; and (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table. Sets the effective date for such Program as November 25, 2002.

A bill to amend the Public Health Service Act to provide assured compensation for first responders injured by experimental vaccines and drugs.

SECTION 1. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit for Holders of Indian Tribal Prison Facility Bonds ``Sec. 54. Credit to holders of Indian tribal prison facility bonds. ``SEC. 54. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds an Indian tribal prison facility bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any Indian tribal prison facility bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of Indian tribal prison facility bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(d) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(e) Indian Tribal Prison Facility Bond.--For purposes of this part, the term `Indian tribal prison facility bond' means any bond issued as part of an issue if-- ``(1) 95 percent or more of the proceeds of such issue are to be invested in investment grade obligations and the proceeds from such investment are used for the construction, acquisition, rehabilitation, expansion, or operating expanses of a qualified Indian tribal prison facility, ``(2) the bond is issued by the Indian tribe within the jurisdiction of which such facility is located, ``(3) the bond is issued pursuant to a plan developed by the Indian tribe, ``(4) the issuer designates such bond for purposes of this section, ``(5) the term of each bond which is part of such issue does not exceed 10 years, and ``(6) no amount of proceeds of such issue (including proceeds from any investment under paragraph (1)) may be used to pay the costs of issuance to the extent such amount exceeds 2 percent of the sale proceeds of such issue. ``(f) Qualified Indian Tribal Prison Facility.--For purposes of this section, the term `qualified Indian tribal prison facility' means any residential correctional or detention facility located on the qualified Indian land of the issuing Indian tribe substantially all of the inmates of which are adult or juvenile members of such Indian tribe. ``(g) Limitation on Amount of Bonds Designated; Allocation of Bonds.-- ``(1) National limitation.--There is an Indian tribal prison facility bond limitation for each calendar year. Such limitation is-- ``(A) $200,000,000 for 2005, ``(B) $200,000,000 for 2006, ``(C) $200,000,000 for 2007, and ``(D) except as provided in paragraph (3), zero thereafter. ``(2) Allocation of bonds.-- ``(A) In general.--The Secretary, after consultation with the Secretary of the Interior, shall allocate the Indian tribal prison facility bond limitation among those Indian tribes which submit a plan which contains a description of the proposed use of investment proceeds, assurances that such proceeds will be used only for such use, a proposed expenditure schedule, information relevant to the criteria described in subparagraph (B), and any other information determined appropriate by the Secretary. ``(B) Approval criteria.--In allocating the limitation among plan requests of Indian tribes under subparagraph (A), the Secretary shall consider-- ``(i) the percentage of prison overcrowding in excess of the facility occupancy level as determined by the Bureau of Indian Affairs, ``(ii) the condition of existing facilities, ``(iii) the health and safety of both inmates and prison employees, ``(iv) the type of offenders incarcerated, and ``(v) other financial resources available to the Indian tribe. ``(3) Carryover of unused issuance limitation.--If for any calendar year the limitation amount imposed by paragraph (1) exceeds the amount of Indian tribal prison facility bonds issued during such year, such excess shall be carried forward to one or more succeeding calendar years as an addition to the limitation imposed by paragraph (1) and until used by issuance of such bonds. ``(h) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of the issuance of such issue and the last day of each successive 1-year period thereafter. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Indian tribe.--The term `Indian tribe' has the meaning given such term by section 7871(c)(3)(E)(ii). ``(4) Qualified indian lands.--The term `qualified Indian lands' has the meaning given such term by section 7871(c)(3)(E)(i). ``(5) Partnership; s corporation; and other pass-thru entities.--In the case of a partnership, trust, S corporation, or other pass-thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(6) Bonds held by regulated investment companies.--If any Indian tribal prison facility bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(7) Reporting.--Each Indian tribe with an allocation of Indian tribal prison facility bonds under an approved plan shall submit reports similar to the reports required under section 149(e).''. (b) Conforming Amendments.-- (1) Reporting.--Subsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on indian tribal prison facility bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(d) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(h)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (2) Treatment for estimated tax purposes.-- (A) Individual.--Section 6654 of such Code (relating to failure by individual to pay estimated income tax) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rule for Holders of Indian Tribal Prison Facility Bonds.--For purposes of this section, the credit allowed by section 54 to a taxpayer by reason of holding an Indian tribal prison facility bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.''. (B) Corporate.--Subsection (g) of section 6655 of such Code (relating to failure by corporation to pay estimated income tax) is amended by adding at the end the following new paragraph: ``(5) Special rule for holders of indian tribal prison facility bonds.--For purposes of this section, the credit allowed by section 54 to a taxpayer by reason of holding an Indian tribal prison facility bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date.''. (c) Clerical Amendments.-- (1) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subpart H. Nonrefundable Credit for Holders of Indian Tribal Prison Facility Bonds.''. (2) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and H''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2004.

Amends the Internal Revenue Code to allow a nonrefundable tax credit for investment in Indian tribal prison facility bonds. Requires that 95 percent of the proceeds of such bonds be used for the construction, acquisition, rehabilitation, expansion, or operating expenses of Indian tribal prison facilities and that the term of such bonds not exceed ten years. Establishes a national limitation for Indian tribal prison facility bonds in 2005 through 2007, with no limitation after 2007. Allows a carryover of unused bond limitation amounts to succeeding calendar years. Directs the Secretary of the Treasury to allocate bond amounts to Indian tribes based upon specified criteria, including overcrowding, the condition of existing facilities, the health and safety of both inmates and prison employees, and other financial resources available to an Indian tribe.

A bill to amend the Internal Revenue Code of 1986 to provide funding for Indian tribal prison facilities, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``California Forest Ecosystems Health Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Ecosystem management plans for National Forest System lands in California. Sec. 5. Process for full implementation of ecosystem management plans. Sec. 6. Research and monitoring program. Sec. 7. Miscellaneous requirements. SEC. 2. FINDINGS. The Congress finds the following: (1) Although people have had an active part in the development and maintenance of forest structure and the condition of the National Forest System lands in the State of California for many years, recent forest management policies have often resulted in a degeneration of the forest structure and a loss of forest health and vigor. (2) The Forest Service, through the judicious use of ecosystem management, has an opportunity to reverse these forest management policies and restore the health and vigor of National Forest System lands in California. (3) Ecosystems are dynamic and in a state of constant change, and it is not possible to preserve a given ecosystem condition in a static state over a period of time. (4) The many and varied resources and uses of National Forest System lands provide both tangible and intangible benefits to the people of the United States. (5) Although management of National Forest System lands in California has traditionally placed first priority on the need to produce maximum volumes of timber, the other multiple forest resources and services are equally important to the people of California and the United States. (6) Ecosystem management must balance the needs of outdoor recreation, range, timber, watershed, fish, and wildlife, as required by the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), as well as protect soil and air quality and provide for forest research. (7) National Forest System lands in California include some of the most unique forest ecosystems in the world, including giant sequoias, coastal redwoods, and bristlecone pines. (8) Destructive forest fires classified by the Forest Service as ``intense'' have occurred in unprecedented numbers and size on the National Forest System lands in California in recent years, and these fires pose a threat to the very health of the forests and present a danger to human life and property. (9) The Forest Service, through the judicious use of ecosystem management, has an opportunity to reduce the likelihood that fires classified as ``intense'' will occur with such frequency and, at the same time, to improve forest vigor and visitor safety. (10) Ecosystem management that considers the needs of all species and their ability to interact with the presence of humans can integrate both the conservation needs of the many species of the ecosystems and the multiple use activities of humans. (11) Identification of sound management options is both a biological issue and a social issue, and the resulting management policies must be socially acceptable, ecologically sustainable, scientifically sound, legally responsible, and economically viable. (12) The results of management practices in local ecosystems can have a profound effect on the levels of demand for commodity outputs from other ecosystems around the world. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Adaptive management.--The term ``adaptive management'' means the experimental and monitored application of scientifically derived management decisions to gain knowledge that is then used to improve subsequent management decisions. (2) Ecosystem.--The term ``ecosystem'' means a community of organisms and its environment that functions as a unit. (3) Ecosystem management.--The term ``ecosystem management'' means the integration of ecological, economic, and social factors to meet the biological needs of all associated organisms and human needs through diverse, healthy, and productive ecosystems, addressing resource supply, conservation, and demand as opposed to a strategy for managing individual species. (4) Ecosystem management plans.--The terms ``ecosystem management plans'' and ``plans'' mean the ecosystem management plans for National Forest System lands in the State of California required to be developed by section 4(a). (5) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (6) Seral stages.--The term ``seral stages'' means the various age or life stages of a vegetative community as it progresses from initial establishment toward a climax stage or equilibrium. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (8) Stand.--The term ``stand'' means an area within a forest where the trees have similar characteristics with respect to species composition, size, condition, and age. (9) Vigor.--The term ``vigor'', with respect to forest ecosystems, means the relative health of stands of trees and related vegetation, including their actual growth rates as compared with potential growth rates and their ability to protect themselves naturally from forest pests, diseases, and the effects of natural disaster. SEC. 4. ECOSYSTEM MANAGEMENT PLANS FOR NATIONAL FOREST SYSTEM LANDS IN CALIFORNIA. (a) Plans Required.--Notwithstanding the planning provisions of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), the Secretary of Agriculture shall develop and implement ecosystem management plans pursuant to this Act to develop and demonstrate ecosystem management, including adaptive management techniques, for National Forest System lands described in subsection (b). (b) Federal Lands Covered by Plans.--The ecosystem management plans required by subsection (a) shall apply to all management units of the National Forest System located in the State of California. In the case of National Forest System lands in California that have been designated by law for special management before the date of the enactment of this Act, the Secretary shall incorporate into the ecosystem management plans applicable to those lands any statutory provisions that are in effect on such date and applicable to those lands. (c) Principles of Plans.--Ecosystem management plans shall embody the following principles: (1) Application of management techniques that will enhance the health and vigor of the renewable natural resources on the National Forest System lands covered by the plans and provide for the continued protection of the soil, air, and water resources of these lands. (2) Improvement of the forest ecosystems on these lands toward desired forest conditions that-- (A) provide a mosaic of forest seral stages-- (i) representing a range of wildlife habitats necessary to meet the needs of the species indigenous to the ecosystem being managed; and (ii) designed in such a way as to obviate the need for corridors or special management areas to meet the needs of given species or situations; (B) minimize the danger of stand-destroying uncontrolled wildfire; (C) increase or maintain the health and vigor of stands at a level that will permit the stands to resist naturally, to the greatest degree practicable, insect and disease attacks and the effects of other natural disasters while incorporating the concern that some level of dead-wood, both standing and down, is desirable in healthy ecosystems; (D) maintain the sustainable economic well-being and stability of communities in areas dependent upon national forest resources; and (E) are developed, to the extent possible, with consideration of the conditions that are known to have existed on these lands or on similar lands before the impacts of European settlement. (3) Concentration of management activities on the condition of the renewable resources of an ecosystem rather than on producing targeted outputs, with projected outputs based upon attainment of specific stand conditions. (4) Emphasis on tangible management results rather than on procedural standards and guidelines, but with development of scientifically credible monitoring standards and guidelines to assess both short- and long-term management results. (5) Except for any statutory provisions incorporated under subsection (b) with respect to specific lands, prohibition on requiring the allocation or categorization of tracts of land for specific preselected ecosystem management emphases. (6) Consideration of the habitat needs of all species across a broad landscape using management indicator species whose presence will reflect a suitable amount and distribution of particular habitat elements, rather than concentrating on the needs of single species in a limited area. (7) Application across the entire unreserved land base in such a manner as to harmonize the various multiple uses. (8) Incorporation of maximum flexibility in resource decisionmaking through the use of adaptive management. (d) Management to Promote Desired Forest Conditions.-- (1) In general.--Ecosystem management under the ecosystem management plans shall be planned and practiced in a manner that-- (A) considers the entire landscape in a management unit of the National Forest System covered by a plan; and (B) benefits, to the extent practicable, all renewable resources and the human resource in or dependent upon the management unit. (2) Individual projects.--Individual management projects in a management unit of the National Forest System covered by the ecosystem management plans shall be designed to provide multiresource benefits, promote the desired forest conditions described in subsection (c)(2), and achieve maximum project operating efficiency. (e) Selection of Acres for Ecosystem Management Activities.-- (1) Minimum acres.--Ecosystem management plans shall specify the minimum number of acres on which ecosystem management activities will be applied annually in any management unit of the National Forest System covered by the plans. Such acreage shall be determined on the basis of the total number of acres in the management unit, the work to be performed across the unit as a whole during the plan period, and the pro rata annual acreage on which ecosystem management activities must be applied in order to establish and maintain the desired forest condition during the specified plan period. (2) Effect of natural disasters.--In case of natural disasters, such as wildfire, flood, windthrow, insect or disease attack, a revision of the schedule of acres to be treated may be granted by the Secretary in order to conduct restoration and rehabilitation activities on the acres affected by the natural disaster. (f) Participation in Development.--To ensure that the ecosystem management plans are economically, scientifically, and socially acceptable, the Secretary shall develop the plans through the use of public involvement programs that emphasize input from residents of local communities to be affected by the plans. The Secretary shall continue to consult with all interested persons in evaluating or modifying the plans. SEC. 5. PROCESS FOR FULL IMPLEMENTATION OF ECOSYSTEM MANAGEMENT PLANS. (a) Implementation.--Beginning not later than January 1, 1995, the Secretary shall begin to implement the ecosystem management plans. The Secretary shall develop and implement the plans progressively over a five-year period to ensure full application of all plans not later than January 1, 2000, to all National Forest System lands described in section 4(b). Upon implementation of an ecosystem management plan for any portion of the lands described in such section, the plan shall replace and supersede any land and resource management plan (or portion of such a plan) then in effect for such lands. (b) Yearly Expansion.--During each year of the period specified in subsection (a), the Secretary shall expand application of the ecosystem management plans to contiguous areas required to be covered by such plans, as described in section 4(b). To the extent the Secretary considers it to be necessary, the Secretary may modify the ecosystem management plans for each new addition in order to incorporate the lessons gained from experience. Adaptive management shall be used to evaluate management decisions and to develop new information to be used to keep the plans and subsequent management decisions up-to-date. (c) Modification of Ecosystem Management Plans.--The Secretary shall modify the ecosystem management plans to incorporate findings from research, adaptive management projects, or monitoring to the extent such findings indicate changes in the plans are necessary or appropriate to achieve the principles described in section 4(c). Before the end of the first two years of the period specified in subsection (a), the Secretary shall issue regulations that set forth the process to be used for any modification of the ecosystem management plans. (d) Consistency.--Resource plans and permits and other instruments for the use and occupancy of National Forest System lands covered by an ecosystem management plan that are executed subsequent to the implementation date of the plan with respect to such lands shall be consistent with the plan. If the ecosystem management plan is modified, resource plans and permits and other instruments that are executed subsequent to the date of the modification shall be consistent with the modified plan. Appropriate supplemental documents under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be prepared for those resource plans and permits, contracts, and other instruments in existence upon adoption of the ecosystem management plan or any modification of the plan. Any revisions in existing resource plans and permits, contracts, and other instruments shall be consistent with the supplemental document findings and subject to the agreement of all contractual parties. Any revision in present or future permits, contracts, and other instruments made pursuant to this subsection shall be subject to valid existing rights. SEC. 6. RESEARCH AND MONITORING PROGRAM. The Secretary shall describe in detail in the ecosystem management plans and implement as part of the plans a targeted program of research and monitoring aimed at measuring the effects of the management regimes adopted under the plans. The Secretary shall ensure that monitoring is sufficient to measure the responses of the various resources to management practices and to provide a basis for adjustments of subsequent management decisions. SEC. 7. MISCELLANEOUS REQUIREMENTS. (a) Increased Use of Certified Professional Practitioners.--With respect to National Forest System lands covered by the ecosystem management plans, the Secretary shall endeavor to increase the amount of field work to be done by professional practitioners certified by the Forest Service. (b) Accountability Procedures.--The Secretary shall develop accountability procedures to annually measure and inform the Congress concerning the work (as described in section 4(e)) achieved through the use of funds appropriated each year for National Forest System lands covered by the ecosystem management plans. The selection of acres upon which such work will be performed shall be controlled through the planning process. The accountability procedures required by this subsection shall be established and in operation before the end of the first two years of the period specified in section 5(a) and shall be designed to ensure the accomplishment of the work in accordance with plan direction. (c) Budgetary Considerations.--The Secretary shall develop budgets for each management unit of the National Forest System covered by ecosystem management plans on the basis of estimated benefits to the various resources affected by the ecosystem management activities, and such budgets will be justified on such basis. The Secretary shall provide the managers of these units the flexibility to accomplish over- all objectives within over-all budgets in lieu of requiring and preparing detailed line-item budgets for each unit of work, except that accountability procedures developed under subsection (b) shall include requirements for detailed explanations of expenditures and estimates of benefits for each resource.

California Forest Ecosystems Health Act - Directs the Secretary of Agriculture to develop and implement ecosystem management plans for National Forest System lands in California.

California Forest Ecosystems Health Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teach to Lead Act of 2016''. SEC. 2. FINDINGS. Congress finds as follows: (1) Teachers, because of their position in the classroom, often see important opportunities to improve student learning most directly and thus have a unique perspective from which to create practical solutions to help students succeed. (2) According to a Scholastic and Bill & Melinda Gates Foundation poll, 69 percent of teachers feel that their voices are heard in their school, but only one-third feel heard in their district, five percent in their State, and two percent at the national level. (3) The failure to leverage teachers' expertise has a negative impact on teacher engagement in education reforms and misses a critical opportunity for administrators and policymakers to draw on knowledge and expertise from the classroom that can help address critical education needs and challenges. (4) Empowering teachers to lead beyond the classroom, without necessarily leaving the classroom, will demonstrate the trust and respect for teachers, as professionals, that they deserve and will help improve teaching and student outcomes. SEC. 3. PURPOSE. The purpose of this Act is to empower teachers to develop and implement projects with the potential to have a wider impact on developing the knowledge, pedagogical skills, and conditions needed to improve teaching and student outcomes, particularly academic growth, by bringing their classroom knowledge and expertise directly to bear on the many challenges confronting our education system. SEC. 4. GRANT PROGRAM. (a) In General.-- (1) Program authorized.--From the funds made available under section 7, the Secretary of Education may make grants, on a competitive basis, to one or more nonprofit organizations to award subgrants to eligible entities to develop and implement teacher-led projects to improve teaching and student outcomes in elementary school and secondary school, particularly academic growth. (2) Grant period.--A grant made to a nonprofit organization under paragraph (1) shall be for a period of not more than five years. (3) Use of grant funds.--A nonprofit organization that receives a grant under paragraph (1)-- (A) shall reserve not less than 90 percent of the grant to award subgrants, on a competitive basis, to eligible entities under subsection (c); and (B) may use not more than 10 percent of the grant for administrative purposes. (b) Applications.--A nonprofit organization that desires a grant under this section shall submit an application to the Secretary at such time and in such manner, and containing such information as the Secretary may require. The application shall-- (1) demonstrate the entity's ability to-- (A) operate a national program, a multi-State program, or a program that reaches not less than 100,000 students; and (B) manage the administrative and fiscal aspects of the subgrant program described in this section; and (2) describe how the nonprofit organization will-- (A) provide outreach and solicit subgrant applications nationwide, particularly in urban, rural, and tribal areas with significant numbers or concentration of high-need schools; (B) conduct a subgrant competition and ensure that selected projects will be designed and led by teachers, teams of teachers, or teachers and school leaders; (C) conduct a peer review of all eligible project applications that selects high-quality projects likely to have the greatest impact on teaching or student outcomes; (D) provide technical assistance to help subgrantees ensure effective project implementation; (E) monitor project implementation and collect data on projects; (F) facilitate collaboration and interaction of subgrantees with each other and with experts in the field to solve ongoing problems of instructional practice and leadership, such as through the creation of communities of practice where teachers share best practices and work together to achieve similar goals; (G) evaluate projects and nationally disseminate the results of effective projects; and (H) provide accountability for the use of the grant. (c) Subgrants.-- (1) Subgrant priority.--A nonprofit organization receiving a grant under this section shall use such grant to award subgrants to eligible entities under this subsection, and in awarding such subgrants the nonprofit organization shall give priority to eligible entities that will use the subgrants to carry out projects that-- (A) are designed to improve teaching and learning outcomes for all students in high-need schools or that target the educational needs of low-income or minority students; (B) are supported by evidence of effectiveness or, at a minimum, is supported by a logic model; (C) are supported by evidence of teacher involvement in the development of such projects as demonstrated by research or survey data; and (D) have the potential to be scaled up in their school, local educational agencies, or State in order to have a wider impact on improving teaching and learning outcomes, particularly academic growth for all students. (2) Subgrant applications.--An eligible entity that desires a subgrant under this section shall submit an application to the applicable nonprofit organization awarded a grant under this section at such time and in such manner, and containing such information as the nonprofit organization may reasonably require. Each application shall, at a minimum, describe-- (A) the project proposed, including timelines, resources needed, and any measurable objectives to be used in determining how the project will improve teaching and student outcomes, particularly academic growth; (B) any partnerships entered into with school and local educational agency leaders, nonprofit organizations, community organizations, teacher preparation providers, in-service support providers, and other stakeholders, including teachers, to develop and implement the proposed project; and (C) the potential to scale up the proposed project in the school, local educational agency, Tribal or Bureau of Indian Affairs educational system, and State, of the eligible entity. (3) Use of subgrant funds.-- (A) Use of subgrant funds.--An eligible entity shall use the subgrant received under this section to develop and implement an innovative project designed and led by teachers, teams of teachers, or teachers and school leaders to improve teaching and learning at the elementary school and secondary school level, such as-- (i) increasing student engagement through personalized learning, including technology- enabled instruction; (ii) strengthening support for educators, including support for implementation of challenging, academic standards to prepare students to be ready for college and careers; (iii) improving community engagement, school climate, and student services; (iv) improving data collection and analysis for data-driven instruction and continuous improvement; (v) expanding students' access to effective educators, particularly low-income and minority students; or (vi) increasing retention of effective educators who demonstrate academic growth for students, particularly low-income and minority students. (B) Administrative expenses.--A partner local educational agency or nonprofit organization that serves as the fiscal agent for an eligible entity, may use not more than two percent of the subgrant for direct administrative expenses incurred in carrying out its responsibilities under the subgrant. SEC. 5. PERFORMANCE MEASUREMENT. The Secretary shall establish goals and performance indicators to measure and assess the impact of the activities carried out under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an individual teacher, a team of teachers, or teachers and school leaders, in partnership with a local educational agency or a nonprofit organization that serves as the fiscal agent with respect to funds awarded under this Act. (2) ESEA terms.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) High-need school.--The term ``high-need school'' has the meaning given that term in section 2243(f)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6673(f)(2)). (4) Nonprofit entity.--The term ``nonprofit organization'' means a nonprofit organization that works in education at the elementary school or secondary school level. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of the fiscal years 2017 through 2021 to carry out this Act.

Teach to Lead Act of 2016 This bill authorizes the Department of Education to award competitive grants to nonprofit organizations for the development and implementation of teacher-led projects to improve outcomes in elementary and secondary schools. Grantee organizations shall use grant funds to make competitive subgrants to teachers and school leaders in partnership with the organization or a local educational agency.

Teach to Lead Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 2014''. SEC. 2. THE BASELINE. Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 257. THE BASELINE. ``(a) In General.--(1) For any fiscal year, the baseline refers to a projection of current-year levels of new budget authority, outlays, or receipts and the surplus or deficit for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date. ``(2) The baselines referred to in paragraph (1) shall be prepared annually. ``(b) Direct Spending and Receipts.--For the budget year and each outyear, estimates for direct spending in the baseline shall be calculated as follows: ``(1) In general.--Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws. ``(2) Exceptions.--(A)(i) No program established by a law enacted on or before the date of enactment of the Balanced Budget Act of 1997 with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on the Budget or OMB, as applicable. OMB, CBO, and the Committees on the Budget shall consult on the scoring of such programs where there are differences between CBO and OMB. ``(ii) On the expiration of the suspension of a provision of law that is suspended under section 171 of Public Law 104- 127 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension. ``(B) The increase for veterans' compensation for a fiscal year is assumed to be the same as that required by law for veterans' pensions unless otherwise provided by law enacted in that session. ``(C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates. ``(D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration. ``(3) Hospital insurance trust fund.--Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act. ``(c) Discretionary Spending.--For the budget year and each of the nine ensuing outyears, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b): ``(1) Estimated appropriations.--Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year. ``(2) Current-year appropriations.--If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President's original budget for the budget year. ``(d) Up-to-Date Concepts.--In calculating the baseline for the budget year or each of the nine ensuing outyears, current-year amounts shall be calculated using the concepts and definitions that are required for that budget year. ``(e) Asset Sales.--Amounts realized from the sale of an asset shall not be included in estimates under section 251, 251A, 252, or 253 of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if that sale would result in a financial cost to the Government as determined pursuant to scorekeeping guidelines. ``(f) Long-Term Budget Outlook.--On or before July 1 of each year, CBO shall submit to the Committees on the Budget of the House of Representatives and the Senate the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years.''. Passed the House of Representatives April 8, 2014. Attest: KAREN L. HAAS, Clerk.

Baseline Reform Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the formula for establishing the budget baseline. Revises the annual baseline, for any fiscal year, to mean a projection of current-year levels of new budget authority (as under current law), outlays (as under current law), or receipts (instead of revenues) and the surplus or deficit (as under current law) for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date. Includes estimates for direct spending in the baseline calculation formula for the budget year and each outyear. Revises the formula for calculating the baseline for discretionary spending for the budget year and each outyear to eliminate adjustments for: (1) expiring multiyear subsidized housing contracts; (2) administrative expenses of the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the Railroad Retirement account; (3) offsets to federal employees' annual pay; and (4) certain inflators used to adjust budgetary resources in the Act. Requires the Congressional Budget Office (CBO) to report to the congressional budget committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.

Baseline Reform Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported Ethanol Parity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On May 6, 2006, the Chairman of the Finance Committee of the Senate stated on the Senate floor that, ``the United States tariff on ethanol operates as an offset to an excise tax credit that applies to both domestically produced and imported ethanol.''. (2) On May 9, 2006, the Renewable Fuels Association stated: ``the secondary tariff exists as an offset to the tax incentive gasoline refiners receive for every gallon of ethanol they blend, regardless of the ethanol's origin.''. In May 2008, the Renewable Fuels Association's Executive Director asserted that ``The tariff is there not so much to protect the industry but the United States taxpayer.''. (3) In a letter to Congress dated June 20, 2007, the American Coalition for Ethanol, the American Farm Bureau Federation, the National Corn Growers Association, the National Council of Farmer Cooperatives, the National Sorghum Producers, and the Renewable Fuels Association stated that the ``(blender) tax credit is available to refiners regardless of whether the ethanol blended is imported or domestic. To prevent United States taxpayers from subsidizing foreign ethanol companies, Congress passed an offset to the tax credit that foreign companies pay in the form of a tariff.''. (4) The Food, Conservation, and Energy Act of 2008, as contained in the Conference Report to accompany H.R. 2419 in the 110th Congress, proposes to decrease the excise tax credit for blending ethanol from $0.51 to $0.45 per gallon, but extend the $0.54 per gallon temporary duty on imported ethanol, increasing the competitive disadvantage of ethanol imports in the United States marketplace. The legislation would transform a tariff designed to offset a domestic subsidy into a real import barrier of at least $0.09 per gallon. (5) The State of California is adopting a Low Carbon Fuels Standard that requires a reduction in the lifecycle greenhouse gas emissions from transportation fuels, and the Energy Independence and Security Act of 2007 requires the United States to use increasing quantities of ``advanced biofuels'' that have lifecycle greenhouse gas emissions that are at least 50 percent less than lifecycle greenhouse gas emissions from gasoline. (6) The lifecycle greenhouse gas emissions of ethanol vary depending on production methods and feedstocks. These differences will impact the degree to which ethanol may be used to meet ``low-carbon'' fuel requirements under California law and the Energy Independence and Security Act of 2007. (7) Sugar cane ethanol plants use biomass from sugar stalks as process energy, resulting in less fossil fuel input compared to current corn-to-ethanol processes. (8) The 2007 California Energy Commission Report, entitled ``Full Fuel Cycle Assessment: Well-to-Wheels Energy Inputs, Emissions, and Water Impacts'', concluded that the direct lifecycle greenhouse gas emissions of imported sugar based ethanol are 68 percent lower than gasoline, while the direct lifecycle greenhouse gas emissions of corn based ethanol from the Midwest are 15 to 28 percent lower than gasoline. (9) The cost to ship ethanol by sea from foreign production areas to California is competitive with the cost to ship ethanol by rail from the American Midwest, according to ethanol producers and importers. (10) Ethanol production will vary from region to region each year based on crop performance, and a global biofuels marketplace would permit mutually beneficial trade between producing regions capable of stabilizing both fuel and food prices. (11) In March 2007, the United States and Brazil entered into a strategic alliance to cooperate on advanced research for biofuels, develop biofuel technology, and expand the production and use of biofuels throughout the Western Hemisphere, especially in the Caribbean and Central America. (12) On March 9, 2007, President Bush stated ``it's in the interest of the United States that there be a prosperous neighborhood. And one way to help spread prosperity in Central America is for them to become energy producers.''. (13) According to a February 2008 study by the Massachusetts Institute of Technology, titled ``Biomass to Ethanol: Potential Production and Environmental Impacts'', the current ethanol distribution system in the United States is not capable of efficiently supplying ethanol to the East Coast markets. SEC. 3. ETHANOL TAX PARITY. Not later than 30 days after the date of the enactment of this Act, and semiannually thereafter, the President shall reduce the temporary duty imposed on ethanol under subheading 9901.00.50 of the Harmonized Tariff Schedule of the United States by an amount equal to the reduction in any Federal income or excise tax credit under section 40(h), 6426(b), or 6427(e)(1) of the Internal Revenue Code of 1986 and take any other action necessary to ensure that the temporary duty imposed on ethanol under such subheading 9901.00.50 is equal to, or lower than, any Federal income or excise tax credit applicable to ethanol under the Internal Revenue Code of 1986.

Imported Ethanol Parity Act - Requires the President to: (1) reduce semiannually the temporary duty imposed on ethanol by an amount equal to the reduction in any federal income or excise tax credit for alcohol and ethanol blends used as fuel; and (2) take other necessary actions to ensure that the temporary duty imposed on ethanol is equal to, or lower than, any federal income or excise tax credit applicable to ethanol.

A bill to ensure parity between the temporary duty imposed on ethanol and tax credits provided on ethanol.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Travel Transparency Act''. SEC. 2. DISCLOSURE OF INFORMATION REGARDING TRAVEL BY CERTAIN SENIOR OFFICIALS. (a) In General.--Section 5707 of title 5, United States Code, is amended by adding at the end the following: ``(d) Additional Disclosure of Information Regarding Travel by Certain Senior Officials.-- ``(1) Definitions.--In this subsection-- ``(A) the term `Administrator' means the Administrator of General Services; ``(B) the term `covered individual' means-- ``(i) the head of an Executive agency; or ``(ii) an individual serving in a position at level I or II of the Executive Schedule under section 5312 or 5313, respectively; ``(C) the term `machine-readable form' means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost; ``(D) the term `open format' means a technical format based on an underlying open standard that is-- ``(i) not encumbered by restrictions that would impede use or reuse; and ``(ii) based on an underlying open standard that is maintained by a standards organization; and ``(E) the term `travel information website' means the website used by the Administrator to make available information under paragraph (2)(B)(i). ``(2) Public availability of travel information for covered individuals.-- ``(A) Reporting.--Not later than 30 business days after the end of each calendar quarter, each Executive agency employing 1 or more covered individuals who performed official travel during the calendar quarter shall submit to the Administrator data in machine- readable form and open format regarding the travel by each such covered individual during the calendar quarter on a commercial aircraft, privately-owned aircraft, or Government-owned or Government-leased aircraft, which shall include-- ``(i) the duration of the travel; ``(ii) the destination or destinations of the travel; ``(iii) the individuals in the travel party; ``(iv) the justification for the travel; ``(v) the authorizing official who approved the travel; and ``(vi) the total cost to the Government for-- ``(I) the travel as a whole; ``(II) transportation during the travel; and ``(III) lodging accommodations during the travel. ``(B) Public availability.-- ``(i) In general.--The Administrator shall make available online to the public, at no cost to access, the information provided by Executive agencies to the Administrator under subparagraph (A). ``(ii) National security information.-- ``(I) In general.--An Executive agency may exclude national security sensitive travel information from the travel information submitted to the Administrator if the Executive agency determines public online disclosure of the national security sensitive travel information would result in harm to national security interests. ``(II) Justification.--Each Executive agency shall establish and preserve an accurate record documenting each instance in which the Executive agency excluded national security sensitive travel information from submission, as authorized in subclause (I), which shall include information explaining how public online disclosure of the national security sensitive travel information would have resulted in harm to national security interests. ``(C) Use of existing resources.--To the maximum extent practicable, the Administrator shall use a website in existence on the date of enactment of this subsection to carry out this subsection. ``(3) Requirements.--Not later than 30 business days after the date on which the Administrator receives information from an Executive agency regarding travel by a covered individual under paragraph (2)(A), the Administrator shall make the information available on the travel information website. ``(4) Classified trips.-- ``(A) In general.--Nothing in this subsection shall preclude an Executive agency from excluding from the information submitted to the Administrator information regarding classified travel. ``(B) Maintaining of information.--An Executive agency shall maintain information relating to classified travel by a covered employee until the end of the 2-year period beginning on the date on which the classified travel concludes. ``(5) Auditing.--The Inspector General of each Executive agency may, as determined appropriate by the Inspector General-- ``(A) conduct and publish an audit of the accuracy and completeness of information the Executive agency provides to the Administrator under paragraph (2)(A); ``(B) conduct an audit of determinations by the Executive agency to exclude information under paragraph (2)(B)(ii) to ensure each such decision was appropriate and justified in regard to protecting national security interests from harm that would have resulted from public online disclosure; and ``(C) provide each committee of Congress with jurisdiction over the activities of or appropriations for the Executive agency with written notification if the Inspector General determines that the Executive agency is improperly withholding, or failed to justify the withholding of, information from the Administrator under paragraph (2)(B)(ii).''. (b) Relation to Other Reporting Requirements.--Nothing in the amendment made by subsection (a) shall be construed to modify or supercede the reporting requirements under the Federal Travel Regulation (including the requirements relating to the Senior Federal Travel report, or any successor thereto) or under any other provision of law.

Federal Travel Transparency Act This bill requires a federal executive agency to report additional information to the General Services Administration (GSA) regarding travel by the agency head or certain high-level officials compensated on the Executive Schedule. The GSA must make the information publicly available on a travel information website.

Federal Travel Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Incentives for Nuclear Nonproliferation in India and China Act of 1999''. SEC. 2. CONDITIONS FOR SUSPENSION OF SANCTIONS. (a) Suspension of Sanctions With Respect to China.-- (1) Authority to suspend sanctions.--Subject to section 3 of this Act, in addition to the requirements set forth in section 902(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note), for lifting the sanctions imposed on the People's Republic of China under that section, the President may suspend, for periods of 1 year each, any of the sanctions imposed under that section only if that country has met the requirements of paragraph (2) and the President certifies to the Congress that the People's Republic of China is making progress in achieving the goals set forth in paragraph (3). (2) Requirements.--The requirements referred to in paragraph (1) are the following: (A) Becoming a participant in, and controlling missile equipment and technology in accordance with the criteria and standards set forth in, the Missile Technology Control Regime. (B) Refraining from exporting any nuclear weapons or technology or any biological or chemical weapons. (C) Becoming a member of the Nuclear Suppliers' Group. (3) Goals.--The goals referred to in paragraph (1) are the following: (A) Providing for comprehensive cultural and educational exchange between among India and the People's Republic of China. (B) Developing and institutionalizing a framework for talks to end disputes between India and the People's Republic of China. (C) Reinforcing actions to increase trade relations between India and the People's Republic of China. (b) Suspension of Sanctions With Respect to India.-- (1) Authority to suspend sanctions.--The President may suspend, for periods of 1 year each, any of the sanctions imposed under section 102(b) of the Arms Export Control Act (22 U.S.C. 2799-1(b)(A) on India if India has met the requirements of paragraph (2) and the President certifies to the Congress that India is making progress in achieving the goals set forth in paragraph (3). The authority under this paragraph to suspend sanctions shall take effect upon the expiration of the suspension by the President, under section 902 of the India- Pakistan Relief Act of 1998, of sanctions with respect to India. (2) Requirements.--The requirements referred to in paragraph (1) are the following: (A) Signing the Comprehensive Test Ban Treaty. (B) Reducing the development of nuclear weapons by-- (i) freezing stockpiles of nuclear weapons; (ii) halting production of fissile material (highly enriched uranium and plutonium processed for use in weapons) and participating in talks to conclude the Fissile Material Cut- off Treaty; and (iii) agreeing not to place nuclear warheads and weapons of mass destruction on missile systems, and agreeing not to have nuclear warheads on alert status or deploy or test ballistic missiles. (C) Refraining from exporting any nuclear weapons or technology. (D) Becoming a member of the Nuclear Suppliers' Group. (3) Goals.--The goals referred to in paragraph (1) are the following: (A) Signing the Treaty on the Non-Proliferation on Nuclear Weapons. (B) Cooperating fully with the United States on activities to fight international terrorism and narcotics trafficking. (C) Providing for comprehensive cultural and educational exchange between India and the People's Republic of China. (D) Developing and institutionalizing a framework for talks to end disputes between India and the People's Republic of China. (E) Reinforcing actions to increase trade relations between India and the People's Republic of China. (c) Additional Incentives.--In addition to suspending sanctions under subsection (a), the President may take the following actions with respect to India if that country has met the requirements of subsection (b)(2): (1) Taking actions to encourage United States businesses to increase investment in that country as long as economic reforms undertaken in that country continue, including-- (A) encouraging the Export-Import Bank of the United States to offer financing at low interest rates to United States businesses seeking to make investments in that country; (B) providing political risk insurance through the Overseas Private Investment Corporation for United States businesses seeking to invest in that country; and (C) making assistance available through the Trade and Development Agency to United States businesses seeking to invest in that country. (2) Supporting financial assistance to that country by international financial institutions. (3) Authorizing the transfer of technology to that country for civilian uses that will provide United States businesses access to markets in India to provide the necessary knowledge, processes, materials, and equipment to further economic development in that country. Nothing in this paragraph authorizes the transfer of technology that would assist in the development of nuclear, chemical, or biological weapons, or the transfer of missile or other military technology that would contribute to regional instability. SEC. 3. REMOVAL OF NATIONAL INTEREST WAIVER. Upon the enactment of this Act, the President may not waive or terminate any of the sanctions imposed on the People's Republic of China under section 902(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 on the basis of the national interest of the United States as set forth in section 902(b)(2) of that Act. SEC. 4. TERMINATION OF SANCTIONS. (a) With Respect to China.--If the President certifies to the Congress that the People's Republic of China has met the requirements of section 2(a)(2) and has achieved the goals set forth in section 2(a)(3), then the President may terminate the sanctions imposed on that country under section 902(a) of the Foreign Relations Authorization Act, fiscal Years 1990 and 1991. (b) With Respect to India.--If the President certifies to the Congress that India has signed the Treaty on the Non-Proliferation on Nuclear Weapons, has met the rquirements of section 2(b)(2), and has achieved the goals set forth in section 2(b)(3), then the President may terminate the sanctions imposed on that country under section 102(b) of the Arms Export Control Act. (c) Reinstatement of Sanctions.--If at any time after sanctions are suspended or terminated under this Act with respect to People's Republic of China or India, that country ceases to meet the criteria under this Act for such suspension or termination, then the President shall reinstate the sanctions waived or terminated, as the case may be, with respect to that country.

The Incentives for Nuclear Nonproliferation in India and China Act of 1999 - Authorizes the President to suspend, for a specified period, certain sanctions imposed on the People's Republic of China and India if such countries meet certain requirements and goals, including: (1) becoming a member of the Missile Technology Control Regime, the Nuclear Suppliers' Group, and the Comprehensive Test Ban Treaty; (2) refraining from exporting any nuclear weapons or technology or any biological or chemical weapons; (3) reducing the development of nuclear weapons; (4) providing for comprehensive cultural and educational exchange, including increasing trade, between India and China; (5) developing a framework for talks to end disputes between the two countries; and (6) cooperating with the United States on activities to fight international terrorism and narcotics trafficking. Authorizes the President to waive such sanctions if it is in the national interest of the United States. Authorizes the President to terminate such sanctions against China and India if the President certifies to Congress that they have met the requirements and goals contained in this Act.

The Incentives for Nuclear Nonproliferation in India and China Act of 1999

SECTION 1. BOUNDARIES OF FORT NECESSITY NATIONAL BATTLEFIELD. (a) Jumonville Glen Unit.-- (1) Modification of battlefield boundaries.--The boundaries of the Fort Necessity National Battlefield, Pennsylvania (referred to in this Act as the ``Battlefield''), are modified to include the area that comprises approximately 190 acres and is generally depicted on the map entitled ``Boundary Expansion; Jumonville Glen Unit, Fort Necessity National Battlefield'', numbered DSC-336-20043A, and dated July 1991. (2) Public inspection of map.--The map referred to in paragraph (1) shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (3) Modification of unit boundaries.-- (A) In general.--The Secretary of the Interior (referred to in this Act as the ``Secretary'') may modify the boundaries of the Jumonville Glen Unit of the Battlefield as depicted on the map referred to in paragraph (1) to exclude lands (not to exceed 2 acres) on which are located principal structures actively used by the owner of the structures as of July 1, 1991. (B) Revision of map.--Following a modification in accordance with subparagraph (A), the Secretary shall prepare and make available for public inspection in accordance with paragraph (2) a revised map of the Jumonville Glen Unit. (b) Dunbar's Camp Area.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the National Park Service, shall-- (A) conduct such investigations of archaeological sites in the vicinity of the Jumonville Glen Unit of the Battlefield as are necessary to more precisely locate and identify Dunbar's Camp; and (B) submit a report containing the results of the investigations to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Further boundary modifications.--The Secretary may modify the boundaries of the Jumonville Glen Unit of the Battlefield to include such additional lands (not to exceed 30 acres) as are necessary to preserve and interpret the historic resources associated with Dunbar's Camp. SEC. 2. ACQUISITION OF LANDS. The Secretary of the Interior may acquire lands or interests in lands within the boundaries of the Battlefield by donation, purchase with donated or appropriated funds, or exchange. SEC. 3. ADMINISTRATION. (a) In General.--The Secretary shall administer the Battlefield in accordance with the laws generally applicable to units of the national park system, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Preservation and Interpretation of Historic Resources.--In administering the Battlefield, the Secretary shall take such action as is necessary to preserve and interpret the historic resources associated with-- (1) the social and military history of the European and Native American contests for North America; (2) the social, political, and economic history of the westward expansion of the American frontier; and (3) the social, political, and economic history of the early National Period of the United States. SEC. 4. COOPERATIVE AGREEMENTS. (a) In General.--In accordance with subsection (b), the Secretary shall enter into cooperative agreements with those landowners in Fayette County, Pennsylvania, whose activities on their properties could have harmful effects on the Battlefield, the resources within the Battlefield, and the enjoyment of visitors to the Battlefield. (b) Assistance.--A cooperative agreement shall be entered into pursuant to subsection (a) in order to prevent the harmful effects described in subsection (a) through technical assistance, land use agreements, or such other means as are agreed upon by the Secretary and the landowner. (c) Expenditure of Funds.--The Secretary, acting through the Director of the National Park Service, may expend Federal funds to carry out cooperative agreements entered into pursuant to subsection (a). SEC. 5. TECHNICAL CORRECTION. The Act entitled ``An Act to provide for the commemoration of the Battle of Fort Necessity, Pennsylvania'', approved March 4, 1931 (46 Stat. 1522), is amended by striking ``1757'' and inserting ``1754''.

Expands the boundaries of Fort Necessity National Battlefield, Pennsylvania, to include the Boundary Expansion, Jumonville Glen Unit, Fort Necessity National Battlefield. Authorizes the Secretary of the Interior to modify the boundaries of the Jumonville Glen Unit (the Unit) to exclude lands (not to exceed two acres) on which principal structures are located that are actively used by the owner as of July 1, 1991. Directs the Secretary, acting through the Director of the National Park Service, to investigate and report to specified congressional committees on archaeological sites in the vicinity of the Unit in order to locate and identify Dunbar's Camp. Authorizes the Secretary to further modify the boundaries of such Unit (to include additional lands within the battlefield, but not to exceed 30 acres), if necessary to preserve and interpret historic resources associated with the Camp.

To expand the Fort Necessity National Battlefield, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code of Conduct on Arms Transfers Act of 1997''. SEC. 2. PURPOSE. The purpose of this Act is to provide clear policy guidelines and congressional responsibility for determining the eligibility of foreign governments to be considered for United States military assistance and arms transfers. SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS. (a) Prohibition.--Except as provided in subsections (b) and (c), beginning on and after October 1, 1998, United States military assistance and arms transfers may not be provided to a foreign government for a fiscal year unless the President certifies to Congress for that fiscal year that such government meets the following requirements: (1) Promotes democracy.--Such government-- (A) was chosen by and permits free and fair elections; (B) promotes civilian control of the military and security forces and has civilian institutions controlling the policy, operation, and spending of all law enforcement and security institutions, as well as the armed forces; (C) promotes the rule of law, equality before the law, and respect for individual and minority rights, including freedom to speak, publish, associate, and organize; and (D) promotes the strengthening of political, legislative, and civil institutions of democracy, as well as autonomous institutions to monitor the conduct of public officials and to combat corruption. (2) Respects human rights.--Such government-- (A) does not engage in gross violations of internationally recognized human rights, including-- (i) extrajudicial or arbitrary executions; (ii) disappearances; (iii) torture or severe mistreatment; (iv) prolonged arbitrary imprisonment; (v) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; and (vi) grave breaches of international laws of war or equivalent violations of the laws of war in internal conflicts; (B) vigorously investigates, disciplines, and prosecutes those responsible for gross violations of internationally recognized human rights; (C) permits access on a regular basis to political prisoners by international humanitarian organizations such as the International Committee of the Red Cross; (D) promotes the independence of the judiciary and other official bodies that oversee the protection of human rights; (E) does not impede the free functioning of domestic and international human rights organizations; and (F) provides access on a regular basis to humanitarian organizations in situations of conflict or famine. (3) Not engaged in certain acts of armed aggression.--Such government is not currently engaged in acts of armed aggression in violation of international law. (4) Full participation in united nations register of conventional arms.--Such government is fully participating in the United Nations Register of Conventional Arms. (b) Requirement for Continuing Compliance.--Any certification with respect to a foreign government for a fiscal year under subsection (a) shall cease to be effective for that fiscal year if the President certifies to Congress that such government has not continued to comply with the requirements contained in paragraphs (1) through (4) of such subsection. (c) Exemptions.-- (1) In general.--The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if-- (A) subject to paragraph (2), the President submits a request for an exemption to Congress containing a determination that it is in the national security interest of the United States to provide military assistance and arms transfers to such government; or (B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military assistance and arms transfers to such government. (2) Disapproval.--A request for an exemption to provide military assistance and arms transfers to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request. (d) Notifications to Congress.-- (1) In general.--The President shall submit to Congress initial certifications under subsection (a) and requests for exemptions under subsection (c)(1)(A) in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs for a fiscal year and shall, where appropriate, submit additional or amended certifications and requests for exemptions at any time thereafter in the fiscal year. (2) Determination with respect to emergency situations.-- Whenever the President determines that it would not be contrary to the national interest to do so, he shall submit to Congress at the earliest possible date reports containing determinations with respect to emergencies under subsection (c)(1)(B). Each such report shall contain a description of-- (A) the nature of the emergency; (B) the type of military assistance and arms transfers provided to the foreign government; and (C) the cost to the United States of such assistance and arms transfers. SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME. (a) International Cooperation.--Prior to the beginning of each fiscal year, the President shall compile a list of countries that do not meet the requirements in section 3(a) and for which the President has not requested an exemption under section 3(c). The President shall-- (1) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996 (in this section referred to as the ``Wassenaar Arrangement''), and such other foreign governments as the President deems appropriate, that the countries so listed are ineligible to receive United States arms sales and military assistance under this Act; and (2) request that the countries so notified also declare the listed countries as ineligible for arms sales and military assistance. (b) Multilateral Efforts.--The President shall continue and expand efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to countries that do not meet the criteria established in section 3, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. (c) Report.-- (1) In general.--Beginning one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report to Congress-- (A) describing efforts he has undertaken during the preceding year to gain international acceptance of the principles contained in section 3; and (B) evaluating the progress made toward establishing a multilateral regime to control the transfer of conventional arms. (2) Submission of the report.--This report shall be submitted in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs for a fiscal year. SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. For purposes of this Act, the terms ``United States military assistance and arms transfers'' and ``military assistance and arms transfers'' mean-- (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training); or (3) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (excluding any transfer or other assistance under section 23 of such Act), including defense articles and defense services licensed or approved for export under section 38 of that Act.

Code of Conduct on Arms Transfers Act of 1997 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.

Code of Conduct on Arms Transfers Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible institution of higher education.--The term ``eligible institution of higher education'' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this Act, a pregnant and parenting student services office described in section 5. (2) Parent; parenting.--The terms ``parent'' and ``parenting'' refer to a parent or legal guardian of a minor. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM. From amounts appropriated under section 7 for a fiscal year, the Secretary shall establish a pilot program to award grants to eligible institutions of higher education to enable the eligible institutions to establish (or maintain) and operate pregnant and parenting student services offices in accordance with section 5. SEC. 4. APPLICATION; NUMBER OF GRANTS. (a) Application.--An eligible institution of higher education that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (b) Requests for Additional Information.--The Secretary may require an eligible institution submitting an application under subsection (a) to provide additional information if the Secretary determines such information is necessary to process the application. (c) Number of Grants.--The Secretary shall award grants under this Act to not more than 200 eligible institutions of higher education. SEC. 5. USE OF FUNDS. (a) In General.--An eligible institution of higher education that receives a grant under this Act shall use grant funds to establish (or maintain) and operate a pregnant and parenting student services office, located on the campus of the eligible institution, that carries out the following programs and activities: (1) Hosts an initial pregnancy and parenting resource forum-- (A) to assess available pregnancy and parenting resources located on the campus or within the local community; and (B) to set goals for-- (i) improved services for pregnant, parenting, and prospective parenting students; and (ii) improved access to such services. (2) Annually assesses the performance of the eligible institution and the office in meeting the following needs of students enrolled in the eligible institution who are pregnant or are parents: (A) Student health care that includes maternity coverage and makes available riders for additional family members. (B) Family housing. (C) Child care. (D) Flexible or alternative academic scheduling, such as telecommuting programs. (E) Education concerning responsible parenting for mothers and fathers, and education supporting healthy marriages. (F) Resources for pregnant women and children, such as maternity and baby clothing, baby food (including formula), and baby furniture. (G) Post-partum counseling and support groups. (3) Identifies public and private service providers, located on the campus of the eligible institution or within the local community, that are qualified to meet the needs described in paragraph (2), and establishes programs with qualified providers to meet such needs. (4) Assists pregnant and parenting students in locating and obtaining services that meet the needs described in paragraph (2). (5) If appropriate, provides referrals for prenatal care and delivery, infant or foster care, or adoption, to a student who requests such information. An office shall make such referrals only to service providers that primarily serve the following types of individuals: (A) Parents. (B) Prospective parents awaiting adoption. (C) Women who are pregnant and plan on parenting or placing the child for adoption. (D) Parenting or prospective parenting couples who are married or who plan on marrying in order to provide a supportive environment for each other and their child. (b) Expanded Services.--In carrying out the programs and activities described in subsection (a), an eligible institution of higher education receiving a grant under this Act may choose to provide access to such programs and activities to a pregnant or parenting employee of the eligible institution. SEC. 6. REPORTING. (a) Annual Report by Institutions.-- (1) In general.--For each fiscal year that an eligible institution of higher education receives a grant under this Act, the eligible institution shall prepare and submit to the Secretary, by the date determined by the Secretary, a report that-- (A) itemizes the pregnant and parenting student services office's expenditures for the fiscal year; (B) contains a review and evaluation of the performance of the office in fulfilling the requirements of this Act, using the specific performance criteria or standards established under paragraph (2)(A); and (C) describes the achievement of the office in meeting the needs listed in section 5(a)(2) of the students served by the eligible institution, and the frequency of use of the office by such students. (2) Performance criteria.--Not later than 180 days before the date the annual report described in paragraph (1) is submitted, the Secretary-- (A) shall identify the specific performance criteria or standards that shall be used to prepare the report; and (B) may establish the form or format of the report. (3) Additional information.--After reviewing an annual report of an eligible institution of higher education, the Secretary may require that the eligible institution provide additional information if the Secretary determines that such additional information is necessary to evaluate the pilot program. (b) Report by Secretary.--The Secretary shall annually prepare and submit a report on the findings of the pilot program under this Act, including the number of eligible institutions of higher education that were awarded grants and the number of students served by each pregnant and parenting services office receiving funds under this Act, to the appropriate committees of the Senate and the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2006 through 2010.

Elizabeth Cady Stanton Pregnant and Parenting Student Services Act of 2005 - Directs the Secretary of Education to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

A bill to establish a pilot program to provide grants to encourage eligible institutions of higher education to establish and operate pregnant and parenting student services offices for pregnant students, parenting students, prospective parenting students who are anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Uniform Hazardous Waste Treatment Act of 1994''. (b) References to the Solid Waste Disposal Act.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 2. FINDINGS. The Congress finds the following: (1) Cement kilns produce cement kiln dust that has caused and, if not properly controlled, will continue to cause contamination of air, soil, and surface and ground water, and that present unacceptable hazards to human health and the environment. (2) Cement kiln dust and cement products produced from kilns that burn hazardous waste contain concentrations of heavy metals, particularly lead, at levels significantly higher than that produced in cement kilns that do not burn hazardous waste. (3) Widespread burning of hazardous wastes in cement kilns under current regulations discourages preferable forms of recycling, reclamation, and reuse. (4) Existing statutes and regulations are inadequate to effectively monitor and control the hazards to human health and the environment posed by cement kilns. (5) Current regulations permit cement kilns to burn fuel comprised of hazardous waste materials with little or no fuel value blended with other materials and wastes. (6) The public has not had adequate notice and opportunity to comment on the increasingly large quantities of hazardous wastes that cement kilns are burning. (7) Current regulation of cement kilns fosters continued use of cement kilns that maximize environmental pollution and discourages introduction of less polluting cement-making technologies that are currently available. SEC. 3. SPECIFICATIONS FOR HAZARDOUS WASTE FUELS BURNED IN COMBUSTION UNITS. (a) In General.--Section 3004(q) of the Solid Waste Disposal Act is amended by adding at the end the following new paragraph: ``(3)(A) Facilities that burn fuel for purposes of energy recovery shall not burn fuel containing any quantity of hazardous waste identified or listed pursuant to section 3001, unless such fuel is conforming hazardous waste fuel. ``(B) Within 12 months of the date of the enactment of this subparagraph, the Administrator shall promulgate quantitative specifications for conforming hazardous waste fuel to ensure that fuel containing hazardous waste is burned to recover useful energy, and that conforming hazardous waste fuel has physical, chemical, thermal and energy-related properties equivalent to standard fuels such as coal and oil. Such specifications shall include at a minimum: ``(i) British thermal unit (BTU) content. ``(ii) Metals content. ``(iii) Chlorinated hydrocarbon content. ``(iv) Sulfur content. ``(v) Halogens content. ``(vi) Hazardous waste content of the fuel sufficient to ensure complete combustion of the hazardous waste components of the fuel, to limit the ash content of the combustion residue, and to minimize the amount of ash contained in cement kiln dust and clinker.''. (b) Definition.--Section 1004 is amended by adding at the end the following new paragraph: ``(42) The term `conforming hazardous waste fuel' means any fuel to be burned in a facility which burns fuel for purposes of energy recovery that contains any amount of hazardous waste and meets the specifications established under section 3004(q)(3)(B), except that the fuel does not contain any hazardous waste component that does not meet the specifications when that component first becomes subject to regulation under this subchapter.''. SEC. 4. CEMENT KILN DUST DISPOSAL. Section 3004(q), as amended by section 3(a) is further amended by adding at the end the following new paragraph: ``(4)(A) Notwithstanding the provisions of section 3001(b)(3)(A), cement kiln dust shall be disposed of only at facilities and only in units that meet the performance standards promulgated by the Administrator pursuant to subsection (a) of this section and the minimum technological requirements promulgated by the Administrator pursuant to subsection (o) of this section. The Administrator's authorization to modify certain subchapter C requirements pursuant to subsection (x) of this section, insofar as it relates to the regulation of cement kiln dust, shall not extend to cement kiln dust produced in a cement kiln that burns conforming hazardous waste fuel. ``(B) Standards applicable to the land disposal of cement kiln dust produced in a cement kiln that burns conforming hazardous waste fuel pursuant to this paragraph shall be not less stringent than the standards in effect as of the date of the enactment of this subparagraph for landfills, waste piles or land farms regulated under this subchapter. ``(C) Cement kiln dust produced in a cement kiln that burns conforming hazardous waste fuel is subject to any land disposal treatment standards promulgated by the Administrator pursuant to subsection (m) of this section applicable to the particular hazardous waste contained in the conforming hazardous waste fuel.''. SEC. 5. CEMENT KILN DESIGN AND OPERATING STANDARDS. Section 3004(q), as amended by section 4, is further amended by adding at the end the following new paragraph: ``(5)(A) Not later than 12 months after the date of the enactment of this subparagraph, the Administrator shall promulgate regulations establishing such standards for design and operation of cement kilns that burn conforming hazardous waste fuel as may be necessary to protect human health and the environment, including standards for, at a minimum, the following: ``(i) The design and construction of a new or modified cement kiln that burns conforming hazardous waste fuel. ``(ii) The handling, storage and combustion of conforming hazardous waste fuel pursuant to protective operating methods, techniques and practices. ``(iii) Contingency plans to anticipate and minimize foreseeable potential hazards associated with the transportation, storage and combustion of conforming hazardous waste fuel, including damage from accidental spills, leaks, discharges, emissions, or other releases into the environment of conforming hazardous waste fuel. Each such contingency plan shall take into consideration the location of the kiln, and its proximity to population centers, wetlands, and waters of the United States. ``(B) For purposes of this paragraph, the term `modified cement kiln' includes the following alterations to a cement kiln that, as of the date of the enactment of this subparagraph, burns conforming hazardous waste fuel: ``(i) The addition of a kiln. ``(ii) The addition of a new waste feed process. ``(iii) Any other alteration of a cement kiln or cement kiln facility that would require modification of a permit issued pursuant to section 3005.''. SEC. 6. AIR EMISSIONS FROM CEMENT KILNS. Section 3004(n) is amended-- (1) by inserting ``(1)'' before ``Not later than thirty months''; and (2) by adding at the end the following: ``(2) Not later than 12 months after the date of the enactment of this paragraph, the Administrator shall promulgate regulations establishing standards for the control of emissions of cement kiln dust from cement kilns. Such standards shall address emissions from-- ``(A) operation of a cement kiln; ``(B) removal of cement kiln dust from emission control equipment; ``(C) cement kiln dust handling, interim storage, transportation to and deposition in a landfill, and long-term disposal; and ``(D) the clinker grinding process. ``(3) Not later than 18 months after the date of the enactment of this paragraph, the Administrator shall promulgate regulations to control emissions of metals from all units that burn hazardous waste, including combustion units regulated under subsection (q) of this section and incinerators, to the extent necessary to protect human health and the environment. Such regulations shall include standards for-- ``(A) minimum removal efficiency; ``(B) emission limitation for total metals, except mercury; ``(C) emission limitation for carcinogenic metals; and ``(D) emission limitation for mercury. ``(4) Not later than 12 months after the date of the enactment of this paragraph, the Administrator shall promulgate regulations establishing standards for the control of stack emissions from cement kilns. In the case of cement kilns that burn conforming hazardous waste fuel, such standards shall be at least as stringent as those in effect as of the date of the enactment of this paragraph for other combustion units that burn hazardous waste.''. SEC. 7. PERMIT REQUIREMENTS. (a) In General.--Section 3005(b) is amended-- (1) by inserting ``(1)'' before ``Each application for a permit''; (2) in paragraph (1), as so designated-- (A) by striking ``(1) estimates'' and inserting ``(A) estimates''; and (B) by striking ``(2) the site'' and inserting ``(B) the site''; and (3) by adding at the end the following: ``(2) Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall promulgate regulations providing procedures or permit application and requirements for information to be included in permit applications for cement kilns that burn conforming hazardous waste fuel. ``(3)(A) Not later than 12 months after the date of the enactment of this subparagraph, each person referred to in subparagraph (B) shall submit an application for a permit to the Administrator in accordance with the regulations promulgated pursuant to paragraph (1) (with regard to landfills) or paragraph (2) (with regard to cement kilns). ``(B) A person referred to in subparagraph (A) is a person owning or operating-- ``(i) a cement kiln that burns conforming hazardous waste fuel; or ``(ii) a landfill used for the disposal of cement kiln dust from a cement kiln that burns conforming hazardous waste fuel that has not obtained a permit under this section.''. (b) Issuance of Final Permit.--Section 3005(c) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) Not later than 2 years after the date of the enactment of this paragraph, the Administrator shall issue a final permit pursuant to each application submitted under subsection (b)(3) of this section or shall issue a final denial of the permit application.''. (c) Termination of Interim Status.--Section 3005(e) is amended by adding at the end the following new paragraphs: ``(4)(A) In the case of each cement kiln that burns conforming hazardous waste fuel which is in existence as of the date of the enactment of this paragraph, interim status shall terminate 12 months following such date unless the owner or operator of such facility-- ``(i) certifies compliance with applicable requirements of section 3004(q); and ``(ii) submits a complete permit application in accordance with the requirements of subsection (b) of this section. ``(B) In the case of each landfill used for the disposal of cement kiln dust from a cement kiln that burns conforming hazardous waste fuel which is in existence as of the date of the enactment of this subparagraph, interim status shall terminate 12 months following such date unless the owner or operator of such landfill-- ``(i) certifies compliance with applicable requirements of subsections (a), (o), and (q) of section 3004; and ``(ii) submits a complete permit application in accordance with the requirements of subsection (b) of this section. ``(C) Interim status shall terminate 24 months after the date of the enactment of this subparagraph for-- ``(i) cement kilns burning conforming hazardous waste fuel that comply with the requirements of paragraph (4)(A); and ``(ii) landfills receiving cement kiln dust from cement kilns burning conforming hazardous waste fuel that comply with the requirements of paragraph (4)(B).''. SEC. 8. MONITORING AND RECORDKEEPING. Section 3004(q), as amended by section 5, is further amended by adding at the end the following new paragraph: ``(6) Not later than 12 months after the date of the enactment of this paragraph, the Administrator shall promulgate such monitoring and recordkeeping requirements applicable to owners and operators of combustion units that burn conforming hazardous waste fuel as the Administrator determines are necessary to ensure compliance with the requirements of this section. Such monitoring and recordkeeping requirements shall include, at a minimum, a requirement that owners or operators of combustion units that burn conforming hazardous waste fuel-- ``(A) test the fuel feed stream on a batch basis and obtain certified information on fuel composition from the fuel blender or hazardous waste generator; and ``(B) maintain records for 5 years that specify source, date, quantity, and composition of all conforming hazardous waste fuel burned in a combustion unit.''. SEC. 9. PERSONNEL TRAINING REQUIREMENTS. Section 3004(q), as amended by section 8, is further amended by adding at the end the following new paragraph: ``(7) Not later than 12 months after the date of the enactment of this paragraph, the Administrator shall promulgate regulations, consistent with the Administrator's authority under subsection (a) of this section, that provide requirements for training of personnel to-- ``(A) operate cement kilns that burn conforming hazardous waste fuel; and ``(B) operate landfills used for disposal of cement kiln dust from cement kilns that burn conforming hazardous waste fuel.''. SEC. 10. FUEL PROCESSORS. Section 3004(q), as amended by section 9, is further amended by adding at the end the following new paragraph: ``(8) Not later than 12 months after the date of the enactment of this paragraph, the Administrator shall promulgate such regulations establishing standards applicable to the owners and operators of facilities which produce a fuel from any hazardous waste identified or listed under section 3001, or from any hazardous waste identified or listed under section 3001 and any other material, as may be necessary to protect human health and the environment. Such standards shall include requirements that are at least as stringent as the specifications for conforming hazardous waste fuel promulgated pursuant to paragraph (3) of this subsection.''.

Uniform Hazardous Waste Treatment Act of 1994 - Amends the Solid Waste Disposal Act to prohibit facilities that burn fuel for energy recovery from burning fuel containing any quantity of hazardous waste identified or listed pursuant to such Act unless such fuel is conforming hazardous waste fuel. Directs the Administrator of the Environmental Protection Agency to promulgate quantitative specifications for conforming hazardous waste fuel to ensure that fuel containing such waste is burned to recover useful energy and that such fuel has physical, chemical, thermal, and energy-related properties equivalent to standard fuels such as coal and oil. Lists minimum specifications. Permits cement kiln dust to be disposed of only at facilities and in units that meet specified performance standards for hazardous wastes and minimum technological requirements promulgated by the Administrator. Limits the Administrator's authority to modify certain hazardous waste requirements with respect to cement kiln dust produced in a kiln that burns conforming hazardous waste fuels. Makes such dust subject to any land disposal treatment standards applicable to the particular hazardous waste contained in the fuel. Directs the Administrator to promulgate: (1) standards for the design and operation of cement kilns that burn conforming hazardous waste fuel as necessary to protect human health and the environment; (2) standards for the control of emissions of cement kiln dust from cement kilns; (3) regulations to control emissions of metals from all units that burn hazardous waste necessary to protect human health and the environment; and (4) standards for the control of stack emissions from cement kilns. Sets forth permit requirements with respect to cement kiln dust from kilns that burn conforming hazardous waste fuel. Establishes monitoring and recordkeeping requirements for owners and operators of combustion units that burn conforming hazardous waste fuel. Requires the Administrator to promulgate: (1) training requirements for personnel who operate cement kilns that burn conforming hazardous waste or landfills used for disposal of dust from such kilns; and (2) standards for owners and operators of facilities which produce a fuel from any hazardous waste listed under the Solid Waste Disposal Act as necessary to protect human health and the environment.

Uniform Hazardous Waste Treatment Act of 1994

SECTION 1. PROMOTING YOUTH FINANCIAL LITERACY. Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--PROMOTING YOUTH FINANCIAL LITERACY ``SEC. 4401. SHORT TITLE AND FINDINGS. ``(a) Short Title.--This part may be cited as the `Youth Financial Education Act'. ``(b) Findings.--Congress finds the following: ``(1) In order to succeed in our dynamic American economy, young people must obtain the skills, knowledge, and experience necessary to manage their personal finances and obtain general financial literacy. All young adults should have the educational tools necessary to make informed financial decisions. ``(2) Despite the critical importance of financial literacy to young people, the average student who graduates from high school lacks basic skills in the management of personal financial affairs. A nationwide survey conducted in 2002 by the Jump$tart Coalition for Personal Financial Literacy examined the financial knowledge of 4,024 12th graders. On average, survey respondents answered only 50 percent of the questions correctly. This figure is down from the 52 percent average score in 2000 and the 57 percent average score in 1997. ``(3) An evaluation by the National Endowment for Financial Education High School Financial Planning Program undertaken jointly with the United States Department of Agriculture Cooperative State Research, Education, and Extension Service demonstrates that as little as 10 hours of classroom instruction can impart substantial knowledge and affect significant change in how teens handle their money. ``(4) State educational leaders have recognized the importance of providing a basic financial education to students in kindergarten through grade 12 by integrating financial education into State educational standards, but by 2002 only 4 States required students to complete a course that covered personal finance before graduating from high school. ``(5) Teacher training and professional development are critical to achieving youth financial literacy. Teachers confirm the need for professional development in personal finance education. In a survey by the National Institute for Consumer Education, 77 percent of a State's economics teachers revealed that they had never had a college course in personal finance. ``(6) Personal financial education helps prepare students for the workforce and for financial independence by developing their sense of individual responsibility, improving their life skills, and providing them with a thorough understanding of consumer economics that will benefit them for their entire lives. ``(7) Financial education integrates instruction in valuable life skills with instruction in economics, including income and taxes, money management, investment and spending, and the importance of personal savings. ``(8) The consumers and investors of tomorrow are in our schools today. The teaching of personal finance should be encouraged at all levels of our Nation's educational system, from kindergarten through grade 12. ``SEC. 4402. STATE GRANT PROGRAM. ``(a) Program Authorized.--The Secretary is authorized to provide grants to State educational agencies to develop and integrate youth financial education programs for students in elementary schools and secondary schools. ``(b) State Plan.-- ``(1) Approved state plan required.--To be eligible to receive a grant under this section, a State educational agency shall submit an application that includes a State plan, described in paragraph (2), that is approved by the Secretary. ``(2) State plan contents.--The State plan referred to in paragraph (1) shall include-- ``(A) a description of how the State educational agency will use grant funds; ``(B) a description of how the programs supported by a grant will be coordinated with other relevant Federal, State, regional, and local programs; and ``(C) a description of how the State educational agency will evaluate program performance. ``(c) Allocation of Funds.-- ``(1) Allocation factors.--Except as otherwise provided in paragraph (2), the Secretary shall allocate the amounts made available to carry out this section pursuant to subsection (a) to each State according to the relative populations in all the States of students in kindergarten through grade 12, as determined by the Secretary based on the most recent satisfactory data. ``(2) Minimum allocation.--Subject to the availability of appropriations and notwithstanding paragraph (1), a State that has submitted a plan under subsection (b) that is approved by the Secretary shall be allocated an amount that is not less than $500,000 for a fiscal year. ``(3) Reallocation.--In any fiscal year an allocation under this subsection-- ``(A) for a State that has not submitted a plan under subsection (b); or ``(B) for a State whose plan submitted under subsection (b) has been disapproved by the Secretary; shall be reallocated to States with approved plans under this section in accordance with paragraph (1). ``(d) Use of Grant Funds.-- ``(1) Required uses.--A grant made to a State educational agency under this part shall be used-- ``(A) to provide funds to local educational agencies and public schools to carry out financial education programs for students in kindergarten through grade 12 based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving, and investing; ``(B) to carry out professional development programs to prepare teachers and administrators for financial education; and ``(C) to monitor and evaluate programs supported under subparagraphs (A) and (B). ``(2) Limitation on administrative costs.--A State educational agency receiving a grant under subsection (a) may use not more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out this section. ``(e) Report to the Secretary.--Each State educational agency receiving a grant under this section shall transmit a report to the Secretary with respect to each fiscal year for which a grant is received. The report shall describe the programs supported by the grant and the results of the State educational agency's monitoring and evaluation of such programs. ``SEC. 4403. CLEARINGHOUSE. ``(a) Authority.--Subject to the availability of appropriations, the Secretary shall make a grant to, or execute a contract with, an eligible entity with substantial experience in the field of financial education, such as the Jump$tart Coalition for Personal Financial Literacy, to establish, operate, and maintain a national clearinghouse (in this part referred to as the `Clearinghouse') for instructional materials and information regarding model financial education programs and best practices. ``(b) Eligible Entity.--In this section, the term `eligible entity' means a national nonprofit organization with a proven record of-- ``(1) cataloging youth financial literacy materials; and ``(2) providing support services and materials to schools and other organizations that work to promote youth financial literacy. ``(c) Application.--An eligible entity desiring to establish, operate, and maintain the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(d) Basis and Term.--The Secretary shall make the grant or contract authorized under subsection (a) on a competitive, merit basis for a term of 5 years. ``(e) Use of Funds.--The Clearinghouse shall use the funds provided under a grant or contract made under subsection (a)-- ``(1) to maintain a repository of instructional materials and related information regarding financial education programs for elementary schools and secondary schools, including kindergartens, for use by States, localities, and the general public; ``(2) to disseminate to States, localities, and the general public, through electronic and other means, instructional materials and related information regarding financial education programs for elementary schools and secondary schools, including kindergartens; and ``(3) to the extent that resources allow, to provide technical assistance to States, localities, and the general public on the design, establishment, and implementation of financial education programs for elementary schools and secondary schools, including kindergartens. ``(f) Consultation.--The chief executive officer of the eligible entity selected to establish and operate the Clearinghouse shall consult with the Department of the Treasury and the Securities Exchange Commission with respect to its activities under subsection (e). ``(g) Submission to Clearinghouse.--Each Federal agency or department that develops financial education programs and instructional materials for such programs shall submit to the Clearinghouse information on the programs and copies of the materials. ``(h) Application of Copyright Laws.--In carrying out this section the Clearinghouse shall comply with the provisions of title 17 of the United States Code. ``SEC. 4404. EVALUATION AND REPORT. ``(a) Performance Measures.--The Secretary shall develop measures to evaluate the performance of programs assisted under sections 4402 and 4403. ``(b) Evaluation According to Performance Measures.--Applying the performance measures developed under subsection (a), the Secretary shall evaluate programs assisted under sections 4402 and 4403-- ``(1) to judge their performance and effectiveness; ``(2) to identify which of the programs represent the best practices of entities developing financial education programs for students in kindergarten through grade 12; and ``(3) to identify which of the programs may be replicated and used to provide technical assistance to States, localities, and the general public. ``(c) Report.--For each fiscal year for which there are appropriations under section 4407(a), the Secretary shall transmit a report to Congress describing the status of the implementation of this part. The report shall include the results of the evaluation required under subsection (b) and a description of the programs supported under section 4402. ``SEC. 4405. DEFINITIONS. ``In this part: ``(1) Financial education.--The term `financial education' means educational activities and experiences, planned and supervised by qualified teachers, that enable students to understand basic economic and consumer principals, acquire the skills and knowledge necessary to manage personal and household finances, and develop a range of competencies that will enable them to become responsible consumers in today's complex economy. ``(2) Qualified teacher.--The term `qualified teacher' means a teacher who holds a valid teaching certification or is considered to be qualified by the State educational agency in the State in which the teacher works. ``SEC. 4406. PROHIBITION. ``Nothing in this part shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's specific instructional content, curriculum, or program of instruction, as a condition of eligibility to receive funds under this part. ``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--For the purposes of carrying out this part, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2004 through 2008. ``(b) Limitation on Funds for Clearinghouse.--The Secretary may use not less than 2 percent and not more than 5 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 4403. ``(c) Limitation on Funds for Secretary Evaluation.--The Secretary may use not more than $200,000 from the amounts appropriated under subsection (a) for each fiscal year to carry out subsections (a) and (b) of section 4404. ``(d) Limitation on Administrative Costs.--Except as necessary to carry out subsections (a) and (b) of section 4404 using amounts described in subsection (c) of this section, the Secretary shall not use any portion of the amounts appropriated under subsection (a) for the costs of administering this part.''.

Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to allot grants to State educational agencies to provide funds to local educational agencies and public schools for personal financial literacy education programs for students in kindergarten through grade 12, and for professional development programs to prepare teachers and administrators for such financial education. Directs the Secretary to make a grant to or contract with an entity with substantial financial education experience for a national clearinghouse for instructional materials and information on model financial education programs and best practices.

A bill to promote youth financial education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Workers' Compensation for Injured Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Medical services and supplies provided by physician assistants (PAs), nurse practitioners (NPs), clinical nurse specialists (CNSs), certified nurse midwives (CNMs), and certified registered nurse anesthetists (CRNAs), are not included in the definition of ``medical, surgical, and hospital services and supplies'' in the Federal Employees' Compensation Act (5 U.S.C. 8101 et seq.). PAs, NPs, CNSs, CNMs, and CRNAs are not included in the definition of ``physician'' in such Act, and claims signed by PAs, NPs, CNSs, CNMs, and CRNAs have been denied by the Office of Workers' Compensation Programs of the Department of Labor. (2) In some rural areas where many of these providers are the only full-time providers of care, injured Federal workers may have to travel more than 100 miles to receive care that is reimbursable. (3) In some cases, Federal workers have been advised to use hospital emergency rooms for non-emergency care, rather than receiving care after hours at local clinics where many of these providers are the only health care professionals on site. (4) PAs, NPs, CNSs, CRNAs, and CNMs are covered providers within Medicare, Medicaid, Tri-Care, and most private insurance plans. (5) PAs, NPs, CRNAs, and CNMs are legally regulated in all 50 States, the District of Columbia, and Guam. (6) All 50 States, the District of Columbia, and Guam authorize physicians to delegate prescriptive privileges to the PAs they supervise, authorize NPs to prescribe medications under their own signature; 48 States, the District of Columbia, American Samoa, and Guam provide prescriptive authority to CNMs; and CRNAs have prescriptive authority in 28 states (and the District of Columbia) and order and administer anesthesia medication and provide anesthesia and interventional pain management services in all 50 states and the District of Columbia. (7) PAs, NPs, and CRNAs work in virtually every area of medicine and surgery and are also employed by the Federal Government to provide medical care, including by the Department of Veterans Affairs, the Department of Defense, and the Public and Indian Health Services. (8) CNSs have clinical nursing expertise in diagnosis and provide direct care to prevent, remediate, or alleviate illness and promote health. CNSs practice in hospitals, clinics, nursing homes, and other community-based settings. (9) CNMs provide vital care to pregnant Federal workers who are injured on the job. (10) CRNAs, the oldest of the advanced practice nurse specialties, administer approximately 32 million anesthetics to patients each year in the U.S., and in some States are the sole providers of anesthetics in nearly 100 percent of rural hospitals. (11) CRNAs work in almost every setting in which anesthesia is given, including operating rooms, dental offices, pain clinics, ambulatory surgical settings, and provide interventional pain management service. (12) Amending the Federal Employees' Compensation Act to recognize PAs, NPs, CRNAs, CNSs, and CNMs as covered providers will bring this Act in line with the overwhelming majority of State workers' compensation programs, which recognize each of these providers as covered providers. (13) The exclusion of PAs, NPs, CNSs, CNMs, and CRNAs from the category of covered providers under the Federal Employees' Compensation Act limits patients' access to medical care, services, and supplies, disrupts continuity of care, and creates unnecessary costs for the Office of Workers' Compensation Programs. SEC. 3. INCLUSION OF PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE REGISTERED NURSES IN FEDERAL EMPLOYEES' COMPENSATION ACT. (a) Inclusion.--Section 8101 of title 5, United States Code, is amended-- (1) in paragraph (3), by inserting ``other eligible providers,'' after ``chiropractors,''; (2) by striking ``and'' at the end of paragraphs (18) and (19); (3) by striking the period at the end of paragraph (20) and inserting ``; and''; and (4) by adding at the end the following: ``(21) `other eligible provider' means a physician assistant, nurse practitioner, clinical nurse specialist, certified nurse midwife, or certified registered nurse anesthetist, within the scope of their practice as defined by State law, or as credentialed by the Federal government.''. (b) Conforming Amendments.--Chapter 81 of title 5, United States Code, is amended-- (1) in section 8103(a)-- (A) in the matter preceding paragraph (1), by inserting ``or other eligible provider'' after ``physician''; (B) in paragraph (3), by inserting ``or other eligible providers'' after ``physicians''; and (C) in the matter following paragraph (3), by inserting ``or other eligible provider'' after ``physician''; (2) in section 8121(6), by inserting ``or other eligible provider'' after ``physician''; and (3) in section 8123(a)-- (A) in the second sentence, by inserting ``or other eligible provider'' after ``physician''; and (B) in the third sentence, by striking ``of the employee'' and inserting ``or other eligible provider of the employee''. SEC. 4. EFFECTIVE DATE. The amendments made by this section shall apply beginning on the first day of the second Federal fiscal year quarter that begins on or after the date of the enactment of this Act.

Improving Access to Workers' Compensation for Injured Federal Workers Act - Amends the Federal Employees' Compensation Act to include physician assistants, nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified registered nurse anesthetists as eligible providers of medical, surgical, and hospital services and supplies under such Act.

To amend the Federal Employees' Compensation Act to cover services provided to injured Federal workers by physician assistants and nurse practitioners, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Financial Management Act of 1999''. TITLE I--LIBRARY OF CONGRESS REVOLVING FUND SEC. 101. AVAILABILITY OF FUND FOR SERVICE ACTIVITIES. The Librarian of Congress is authorized-- (1) to establish Fund service units to carry out Fund service activities; and (2) to make the library products and services constituting Fund service activities available for purchase through Fund service units at rates estimated by the Librarian to be adequate to recover the direct and indirect costs of the activities, with respect to each Fund service unit, over a reasonable period of time. SEC. 102. FUND SERVICE ACTIVITIES. The Fund service activities that may be conducted by Fund service units are-- (1) preparation of research reports, translations, analytical studies, and related services for departments and other entities of the Federal Government; (2) centralized acquisition of publications and library materials in any format, information, research, and library support services; training in library and information services; and related services for departments and other entities of the Federal Government; (3) decimal classification development; (4) gift shop and other sales of items associated with collections, exhibits, performances, and special events of the Library of Congress; (5) location, copying, storage, preservation and delivery services for library document and audio-visual materials, not including basic domestic interlibrary loan services; and international interlibrary lending; (6) special events and programs; performances, exhibits, workshops, and training; and (7) cooperative acquisitions of foreign publications and research materials and related services on behalf of participating institutions. SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the Library of Congress Revolving Fund. The Fund shall be available to the Librarian of Congress without fiscal year limitation, for the conduct of Fund service activities operated by the Library on a cost-recovery basis. Obligations for Fund service activities are limited to the total amounts specified in the appropriations act for any fiscal year. The Fund shall consist of amounts deposited under subsection (b) and credits under subsection (c). (b) Capital; Amounts Deposited.--The Fund shall consist of-- (1) amounts from funds appropriated to the Library of Congress that the Librarian may temporarily transfer to the Fund for capitalization of the Fund, in which case the Fund shall reimburse the Library for amounts so transferred before the period of availability of the Library appropriation expires; (2) any amounts transferred as capital from the fund authorized under section 207(b)(2) of Legislative Branch Appropriation Act, 1998 (Public Law 105-55) (as such section was in effect on the day before the date of enactment of this Act); (3) any obligated, unexpended balances existing as of September 30, 2000, or the date of enactment of this Act, whichever is later, attributable to the activities specified in section 102 that the Library conducts, which balances the Librarian may transfer to the Fund notwithstanding the requirements of section 1535(d) of title 31, United States Code; (4) upon the transfer of an activity of the Library of Congress to a Fund service unit, the difference between-- (A) the total value of the supplies, inventories, equipment, gift fund balances, and other assets of the activity; and (B) the total value of the liabilities (including the value of accrued annual leave of employees) of the activity; and (5) any amounts appropriated by law for the purposes of the Fund. (c) Credits.--The Fund shall be credited with all amounts received by Fund service units with respect to Fund service activities, including-- (1) fees, advances, and reimbursements; (2) gifts or bequests of money or property for credit to the Fund; (3) receipts from sales and exchanges of property; (4) payments for loss or damage to property; (5) receivables, inventories, and other assets; and (6) amounts appropriated by law. (d) Advances of Funds.--Participants in Fund services activities shall pay by advance of funds in all cases where it is determined by the Librarian that there is insufficient capital otherwise available in the Fund. Advances of funds also may be made by agreement between the participants and the Librarian. (e) Individual Accounting Requirement for Fund Service Units.-- Separate accounts of the Fund shall be maintained with respect to individual Fund service units. (f) Excess Funds.--Any unobligated and unexpended balances in the Fund that the Librarian determines to be in excess of amounts needed for activities financed by the Fund shall be deposited in the Treasury of the United States as a miscellaneous receipt. For the purpose of the preceding sentence the term ``amounts needed for activities financed by the Fund'' means the direct and indirect costs of the activities, including the costs of purchasing, shipping, and binding of books and other library materials; supplies, materials, equipment and service needed in support of the activities; salaries and benefits; general overhead; and travel. (g) Multiyear Contracting Authority.--In the operation of Fund activities, the Librarian is authorized to enter into contracts for the lease and acquisition of goods and services (including severable services) for a period that begins in one fiscal year and ends in the next fiscal year, and to enter into multiyear contracts for the acquisition of property and services, in the same manner and to the same extent as the head of an executive agency may enter into such contracts under sections 303L and 304B, respectively, of the Federal Property and Administrative Services Act (41 U.S.C. 253l and 254c). (h) Annual Report.--Not later than March 31 of each year, the Librarian shall submit to Congress an audited financial statement for the Fund for the preceding fiscal year. The audit shall be conducted in accordance with Government Auditing Standards for financial audits issued by the Comptroller General of the United States. SEC. 104. DEFINITIONS. As used in this title-- (1) the term ``departments and other entities of the Federal Government'' means any department, agency or instrumentality of the United States Government, including executive departments, military departments, independent establishments, wholly owned Government corporations, and entities in the legislative and judicial branches, and includes any department, agency or instrumentality of the District of Columbia government; (2) the term ``Fund'' means the Library of Congress Revolving Fund established under section 103; (3) the term ``Fund service activities'' means the library information products and services described in section 102; (4) the term ``Fund service unit'' means an organizational entity of the Library of Congress that, at the direction of the Librarian, is partially or fully sustained through the Fund; and (5) the term ``Librarian'' means the Librarian of Congress. SEC. 105. REPEAL. Section 207 of the Legislative Branch Appropriations Act, 1998 (Public Law 105-55) is repealed. SEC. 106. EFFECTIVE DATE. This title shall take effect on October 1, 2000. TITLE II--CATALOGING PRODUCTS AND SERVICES SEC. 201. AVAILAB1LITY OF CATALOGING PRODUCTS AND SERVICES. (a) In General.--The Librarian of Congress is authorized to make cataloging products and services, created by the Library of Congress, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period of time. The amounts received for such products and services shall be deposited in the Treasury of the United States to the credit of the appropriation for salaries and expenses of the Library of Congress, to remain available until expended for necessary distribution of such products and services. (b) Definition.--As used in this section, the term ``cataloging products and services'' means those bibliographic products and services, in any format now known or later developed, that are used by libraries and library organizations, including other Library-created data bases, and related technical publications. SEC. 202. REPEAL. The paragraph beginning ``The Librarian of Congress'' under the heading ``Public printing and binding'' in the first section of the Act entitled ``An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes'', approved June 28, 1902 (2 U.S.C. 150), is repealed. SEC. 203. EFFECTIVE DATE. This title and the amendment made by this title shall take effect on October 1, 2000. TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD AMENDMENTS SEC. 301. ADDITION OF BOARD MEMBER. The first sentence of the first paragraph of the first section of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes,'' approved March 3, 1925 (2 U.S.C. 154) is amended by inserting ``and vice chairman'' after ``chairman.'' SEC. 302. TEMPORARY EXTENSION OF BOARD MEMBER TERM. The first paragraph of the first section of such Act (2 U.S.C. 154) is amended by inserting after the first sentence the following: ``Upon the request of the chairman of the Joint Committee on the Library, any member whose term has expired may continue to serve on the Library of Congress Trust Fund Board until the earlier of (A) the date on which such member's successor is appointed, or (B) the end of the two-year period beginning on the date such member's term expires.''. SEC. 303. TRUST FUND BOARD QUORUM. The third sentence of the first paragraph of the first section of such Act (as amended by section 302) (2 U.S.C. 154) is amended by striking ``Nine'' and inserting ``Seven''.

(Sec. 102) Specifies the Fund service activities that may be conducted by Fund Service units. (Sec. 103) Establishes the Library of Congress Revolving Fund, to be made available to the Librarian without fiscal year limitation, for the conduct of Fund service activities. Limits the obligations for such activities for any fiscal year to the total amounts specified in appropriations Acts for such fiscal year. Authorizes the Librarian, in the operation of Fund activities, to enter into: (1) contracts for the lease and acquisition of goods and services for a period that begins in one fiscal year and ends in the next fiscal year; and (2) multi-year contracts for the acquisition of property and services in the same manner and to the same extent as the head of an executive agency may enter into such contracts under provisions of the Federal Property and Administrative Services Act. (Sec. 105) Repeals provisions of the Legislative Branch Appropriations Act, 1998 establishing the Cooperative Acquisitions Program Revolving Fund for financing a Library program to acquire foreign publications and research materials on behalf of participating institutions on a cost-recovery basis. Title II: Cataloging Products and Services - Authorizes the Librarian of Congress to make cataloging products and services, created by the Library, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period. (Sec. 202) Repeals Federal law provisions that authorize the Librarian of Congress to sell copies of card indexes and other publications to institutions or individuals. Title III: Library of Congress Trust Fund Board Amendments - Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Provides for a temporary extension of Board members' terms. Decreases from nine to seven members the Board's quorum for the transaction of business.

Library of Congress Financial Management Act of 1999

SECTION 1. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--The Congress finds as follows: (1) The Supplemental Security Income program provides essential income security to more than 4,000,000 working-age adult Americans, most of whom are disabled. (2) Eligibility for the Supplemental Security Income program requires the applicant to have very few assets that are available for the individual's use. However, certain necessary assets, such as the person's primary residence, and certain government benefits, such as the Earned Income Tax Credit, are excluded from the asset test. (3) The value of a traditional defined benefit plan that will eventually provide the former worker with periodic payments does not count against the asset limit for the Supplemental Security Income program, allowing a person who becomes disabled to qualify for Supplemental Security Income and Medicaid benefits while maintaining the right to receive a pension at retirement age. (4) Americans are increasingly dependent on defined contribution plans such as 401(k) and individual retirement accounts to provide for retirement security. Assets saved in such plans count against a person's eligibility for Supplemental Security Income benefits. (5) Persons with disabilities are thus discouraged from accumulating any retirement savings during periods of time when they are able to work, because if their medical condition deteriorates or they otherwise lose their job, they will have to liquidate their retirement accounts and pay penalties in order to qualify for Supplemental Security Income and Medicaid benefits. (6) The current treatment of retirement assets discourages savings and work for disabled persons. (b) Statement of Purpose.--The purpose of this Act is to encourage retirement savings for all and promote work and self-sufficiency for persons with disabilities by disregarding up to $75,000 in retirement accounts when determining eligibility for benefits under the Supplemental Security Income program. SEC. 2. EXCLUSION OF LIMITED VALUE OF RETIREMENT PLANS UNDER THE SSI PROGRAM. (a) Resourse Exclusion.-- (1) In general.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended-- (A) by striking ``and'' at the end of paragraph (14); (B) by striking the period at the end of paragraph (15) and inserting ``; and''; and (C) by inserting after paragraph (15) the following: ``(16) the value of any plan, contract, or account, described in section 401(a), 403(a), 403(b), 408, 408A, 457(b), or 501(c)(18) of the Internal Revenue Code of 1986, established for the benefit of the individual, to the extent the aggregate value of all such plans, contracts, and accounts so established does not exceed $75,000 (in the case of calendar years prior to 2009) and the amount determined under section 1617(d) for the calendar year (in the case of calendar years after 2008).''. (2) Annual cost of living adjustment.--Section 1617 of such Act (42 U.S.C. 1382f) is amended by adding at the end the following new subsection: ``(d)(1) The Commissioner of Social Security shall, on or before November 1 of 2008 and every calendar year thereafter, determine and publish in the Federal Register a dollar amount for purposes of section 1613(a)(16) for the succeeding calendar year. The amount determined under this subsection shall be the amount in effect in the calendar year in which the determination is made or, if larger, the product of-- ``(A) $75,000, and ``(B) the ratio of-- ``(i) the Consumer Price Index for the calendar year before the calendar year in which the determination is made to ``(ii) the Consumer Price Index for 2007, with such product, if not a multiple of $100, being rounded to the next higher multiple of $100 where such product is a multiple of $50 but not of $100 and the nearest multiple of $100 in any other case. ``(2) For purposes of this subsection, the term `Consumer Price Index' for any year means the arithmetical mean of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) issued by the Bureau of Labor Statistics of the Department of Labor for the 12 months in such year.''. (b) Income Exclusion.--Section 1612(b) of such Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (22); (2) by striking the period at the end of paragraph (23) and inserting ``; and''; and (3) by adding at the end the following: ``(24) the interest or other earnings on the resources of the individual that are excluded by reason of section 1613(a)(16).''. (c) No Requirement To Accelerate Retirement Payments.--Section 1611(e)(2) of such Act (42 U.S.C. 1382(e)(2)) is amended by inserting ``(except, in the case of a person who has not attained 65 years of age, payments from a plan, contract, or account referred to in section 1613(a)(16))'' after ``1612(a)(2)(B)''. (d) Effective Date.--The amendments made by this section shall apply to benefits for calendar months beginning after the date of the enactment of this Act.

Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude the first $75,000 of the value of retirement plans (adjusted annually for cost of living) in determining eligibility for, and the amount of benefits under, the SSI program.

To exclude the first $75,000 of the value of retirement plans (adjusted annually for cost of living) in determining eligibility for, and the amount of benefits under, the supplemental security income program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Energy Security Corridors Act''. SEC. 2. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL LANDS. (a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended as follows: (1) In subsection (b)-- (A) by striking ``(b)(1) For the purposes of this section `Federal lands' means'' and inserting the following: ``(b)(1) For the purposes of this section `Federal lands'-- ``(A) except as provided in subparagraph (B), means''; (B) by striking the period at the end of paragraph (1) and inserting ``; and'' and by adding at the end of paragraph (1) the following: ``(B) for purposes of granting an application for a natural gas pipeline right-of-way, means all lands owned by the United States except-- ``(i) such lands held in trust for an Indian or Indian tribe; and ``(ii) lands on the Outer Continental Shelf.''. (2) By redesignating subsection (b), as so amended, as subsection (z), and transferring such subsection to appear after subsection (y) of that section. (3) By inserting after subsection (a) the following: ``(b) National Energy Security Corridors.-- ``(1) Designation.--In addition to other authorities under this section, the Secretary shall-- ``(A) identify and designate suitable Federal lands as National Energy Security Corridors (in this subsection referred to as a `Corridor'), which shall be used for construction, operation, and maintenance of natural gas transmission facilities; and ``(B) incorporate such Corridors upon designation into the relevant agency land use and resource management plans or equivalent plans. ``(2) Considerations.--In evaluating Federal lands for designation as a National Energy Security Corridor, the Secretary shall-- ``(A) employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles; ``(B) seek input from other Federal counterparts, State, local, and tribal governments, and affected utility and pipeline industries to determine the best suitable, most cost-effective, and commercially viable acreage for natural gas transmission facilities; ``(C) focus on transmission routes that improve domestic energy security through increasing reliability, relieving congestion, reducing natural gas prices, and meeting growing demand for natural gas; and ``(D) take into account technological innovations that reduce the need for surface disturbance. ``(3) Procedures.--The Secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors, that-- ``(A) ensure a transparent process for review of applications for rights-of-way on such corridors; ``(B) require an approval time of not more than 1 year after the date of receipt of an application for a right-of-way; and ``(C) require, upon receipt of such an application, notice to the applicant of a predictable timeline for consideration of the application, that clearly delineates important milestones in the process of such consideration. ``(4) State input.-- ``(A) Requests authorized.--The Governor of a State may submit requests to the Secretary of the Interior to designate Corridors on Federal land in that State. ``(B) Consideration of requests.--After receiving such a request, the Secretary shall respond in writing, within 30 days-- ``(i) acknowledging receipt of the request; and ``(ii) setting forth a timeline in which the Secretary shall grant, deny, or modify such request and state the reasons for doing so. ``(5) Spatial distribution of corridors.--In implementing this subsection, the Secretary shall coordinate with other Federal Departments to-- ``(A) minimize the proliferation of duplicative natural gas pipeline rights-of-way on Federal lands where feasible; ``(B) ensure Corridors can connect effectively across Federal lands; and ``(C) utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts, to the extent practicable, on local communities. ``(6) Not a major federal action.--Designation of a Corridor under this subsection, and incorporation of Corridors into agency plans under paragraph (1)(B), shall not be treated as a major Federal action for purpose of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ``(7) No limit on number or length of corridors.--Nothing in this subsection limits the number or physical dimensions of Corridors that the Secretary may designate under this subsection. ``(8) Other authority not affected.--Nothing in this subsection affects the authority of the Secretary to issue rights-of-way on Federal land that is not located in a Corridor designated under this subsection. ``(9) NEPA clarification.--All applications for rights-of- way for natural gas transmission facilities across Corridors designated under this subsection shall be subject to the environmental protections outlined in subsection (h).''. (b) Applications Received Before Designation of Corridors.--Any application for a right-of-way under section 28 of the Mineral Leasing Act (30 U.S.C. 185) that is received by the Secretary of the Interior before designation of National Energy Security Corridors under the amendment made by subsection (a) of this section shall be reviewed and acted upon independently by the Secretary without regard to the process for such designation. (c) Deadline.--Within 2 years after the date of the enactment of this Act, the Secretary of the Interior shall designate at least 10 National Energy Security Corridors under the amendment made by subsection (a) in contiguous States referred to in section 368(b) of the Energy Policy Act of 2005 (42 U.S.C. 15926(b)). SEC. 3. NOTIFICATION REQUIREMENT. The Secretary of the Interior shall promptly notify the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of each instance in which any agency or official of the Department of the Interior fails to comply with any schedule established under section 15(c) of the Natural Gas Act (15 U.S.C. 717n(c)).

National Energy Security Corridors Act (Sec. 2) This bill amends the Mineral Leasing Act to allow natural gas pipeline rights-of-way through all federally owned lands, including lands in the National Park System, except lands held in trust for an Indian or Indian tribe and lands on the outer Continental Shelf. The Department of the Interior must: (1) identify and designate suitable federal lands as National Energy Security Corridors for construction, operation, and maintenance of natural gas transmission facilities; and (2) incorporate such Corridors into the relevant agency land use and resource management plans. Additionally, Interior shall: (1) take into account certain considerations when evaluating federal land for designation as a National Energy Security Corridor, and (2) establish specified procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors. The governor of a state may request Corridors to be designated on federal land within that state. For purposes of the National Environmental Policy Act of 1969 neither the designation of a Corridor, nor the incorporation of a Corridor into agency plans, shall be treated as a major federal action subject to environmental impact evaluation. All applications for rights-of-way for natural gas transmission facilities across the designated Corridors shall be subject to specified environmental protections. (Sec. 3) Interior shall notify certain congressional committees whenever an agency or Interior official fails to comply with federal authorization schedules established under the Natural Gas Act.

National Energy Security Corridors Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2015''. SEC. 2. CONVERSION OF THE TEMPORARY OFFICE OF BANKRUPTCY JUDGE TO THE PERMANENT OFFICE OF BANKRUPTCY JUDGE IN CERTAIN JUDICIAL DISTRICTS. (a) District of Delaware.-- (1) The temporary office of 4 bankruptcy judges authorized for the district of Delaware by section 1223(b)(1)(C) of Public Law 109-8 (119 Stat. 196; 28 U.S.C. 152 note), and extended by section 2(a)(1)(C) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(1) of this Act. (2) The temporary office of bankruptcy judge authorized for the district of Delaware by section 3(a)(3) of Public Law 102- 361 (106 Stat. 966; 28 U.S.C. 152 note), and extended by section 1223(c)(1) of Public Law 109-8 (119 Stat. 198; 28 U.S.C. 152 note) and section 2(b)(1) of Public Law 112-121 (126 Stat. 347; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(1) of this Act. (b) Southern District of Florida.--The temporary office of 2 bankruptcy judges authorized for the southern district of Florida by section 1223(b)(1)(D) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(D) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent offices of bankruptcy judges and represented in the amendment made by section 3(3) of this Act. (c) District of Maryland.--The temporary office of the 2 bankruptcy judges first appointed as authorized for the district of Maryland by section 1223(b)(1)(F) of Public Law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(F) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(4) of this Act. (d) Eastern District of Michigan.--The temporary office of bankruptcy judge authorized for the eastern district of Michigan by section 1223(b)(l)(G) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(G) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(5) of this Act. (e) District of Nevada.--The temporary office of bankruptcy judge authorized for the district of Nevada by section 1223(b)(1)(T) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(Q) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(6) of this Act. (f) Eastern District of North Carolina.--The temporary office of bankruptcy judge authorized for the eastern district of North Carolina by section 1223(b)(1)(M) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(J) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(7) of this Act. (g) District of Puerto Rico.-- (1) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(M) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by section 3(8) of this Act. (2) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of Public Law 102-361 (106 Stat. 966; 28 U.S.C. 152 note), and extended by section 1223(c)(1) of Public Law 109-8 (119 Stat. 198; 28 U.S.C. 152 note) and section 2(b)(1) of Public Law 112-121 (126 Stat. 347; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(8) of this Act. (h) Western District of Tennessee.--The temporary office of bankruptcy judge authorized for the western district of Tennessee by section 1223(b)(1)(Q) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(O) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(9) of this Act. (i) Eastern District of Virginia.--The temporary office of bankruptcy judge authorized for the eastern district of Virginia by section 1223(b)(1)(R) of Public law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(P) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by section 3(10) of this Act. SEC. 3. PERMANENT OFFICE OF BANKRUPTCY JUDGE AUTHORIZED. To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of section 2, and to authorize the appointment of additional bankruptcy judges, section 152(a)(2) of title 28 of the United States Code is amended-- (1) in the item relating to the district of Delaware by striking ``1'' and inserting ``8'', (2) in the item relating to the middle district of Florida by striking ``8'' and inserting ``10'', (3) in the item relating to the southern district of Florida by striking ``5'' and inserting ``7'', (4) in the item relating to the district of Maryland by striking ``4'' and inserting ``6'', (5) in the item relating to the eastern district of Michigan by striking ``4'' and inserting ``7'', (6) in the item relating to the district of Nevada by striking ``3'' and inserting ``4'', (7) in the item relating to the eastern district of North Carolina by striking ``2'' and inserting ``3'', (8) in the item relating to the district of Puerto Rico by striking ``2'' and inserting ``4'', (9) in the item relating to the western district of Tennessee by striking ``4'' and inserting ``5'', and (10) in the item relating to the eastern district of Virginia by striking ``5'' and inserting ``6''.

Bankruptcy Judgeship Act of 2015 This bill amends the federal judicial code to: convert certain temporary bankruptcy judges to permanent bankruptcy judges and authorize the appointment of additional bankruptcy judges in Delaware and Michigan; convert temporary bankruptcy judges to permanent bankruptcy judges in specified judicial districts in Florida, Maryland, Nevada, North Carolina, Puerto Rico, Tennessee, and Virginia; and authorize the appointment of additional bankruptcy judges in the middle district of Florida.

Bankruptcy Judgeship Act of 2015

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Tax Return Due Date Simplification and Modernization Act of 2011''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S CORPORATION FORM 1120S, AND C CORPORATION FORM 1120. (a) Partnerships.-- (1) In general.--Section 6072 is amended by adding at the end the following new subsection: ``(f) Returns of Partnerships.--Returns of partnerships under section 6031 made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year.''. (2) Conforming amendment.--Section 6072(a) is amended by striking ``6017, or 6031'' and inserting ``or 6017''. (b) S Corporations.-- (1) In general.--So much of subsection (b) of 6072 as precedes the second sentence thereof is amended to read as follows: ``(b) Returns of Certain Corporations.--Returns of S corporations under sections 6012 and 6037 made on the basis of the calendar year shall be filed on or before the 31st day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year.''. (2) Conforming amendments.-- (A) Section 1362(b) is amended-- (i) by striking ``15th'' each place it appears and inserting ``last'', (ii) by striking ``2\1/2\'' each place it appears and inserting ``3'', and (iii) by striking ``2 months and 15 days'' in paragraph (4) and inserting ``3 months''. (B) Section 1362(d)(1)(C)(i) is amended by striking ``15th'' and inserting ``last''. (C) Section 1362(d)(1)(C)(ii) is amended by striking ``such 15th day'' and inserting ``the last day of the 3d month thereof''. (c) Conforming Amendments Relating to C Corporations.-- (1) Section 170(a)(2)(B) is amended by striking ``third month'' and inserting ``4th month''. (2) Section 563 is amended by striking ``third month'' each place it appears and inserting ``4th month''. (3) Section 1354(d)(1)(B)(i) is amended by striking ``3d month'' and inserting ``4th month''. (4) Subsection (a) and (c) of section 6167 are each amended by striking ``third month'' and inserting ``4th month''. (5) Section 6425(a)(1) is amended by striking ``third month'' and inserting ``4th month''. (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section 6655 are each amended by striking ``3rd month'' and inserting ``4th month''. (d) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2011. SEC. 3. MODIFICATION OF DUE DATES BY REGULATION. In the case of returns for taxable years beginning after December 31, 2011, the Secretary of the Treasury or the Secretary's delegate shall modify appropriate regulations to provide as follows: (1) The maximum extension for the returns of partnerships filing Form 1065 shall be a 6-month period ending on September 15 for calendar year taxpayers. (2) The maximum extension for the returns of trusts filing Form 1041 shall be a 5\1/2\-month period ending on September 30 for calendar year taxpayers. (3) The maximum extension for the returns of employee benefit plans filing Form 5500 shall be an automatic 3\1/2\- month period ending on November 15 for calendar year taxpayers. (4) The maximum extension for the returns of organizations exempt from income tax filing Form 990 shall be an automatic 6- month period ending on November 15 for calendar year filers. (5) The due date of Form 3520-A (relating to the Annual Information Return of Foreign Trust with a United States Owner) for calendar year filers shall be April 15 with a maximum extension for a 6-month period ending on October 15. (6) The due date of Form TD F 90-22.1 (relating to Report of Foreign Bank and Financial Accounts) for calendar year filers shall be April 15 with a maximum extension for a 6-month period ending on October 15. SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH EXTENSION OF INCOME TAX RETURNS. (a) In General.--Section 6081(b) is amended by striking ``3 months'' and inserting ``6 months''. (b) Effective Date.--The amendment made by this section shall apply to returns for taxable years beginning after December 31, 2011.

Tax Return Due Date Simplification and Modernization Act of 2011 - Amends the Internal Revenue Code to change tax return due dates for partnerships (from April 15 to March 15, with extensions until September 15), S corporations (from March 15 to March 31, with extensions until September 30), and C corporations (from March 15 to April 15, with extensions until October 15). Requires the Secretary of the Treasury, for taxable years beginning after December 31, 2011, to modify by regulation the due dates for extensions of tax returns for partnerships, estates, employee benefit plans, and tax-exempt organizations. Sets a due date of April 15 for the annual information return of a foreign trust with a U.S. owner and for the report of foreign bank and financial accounts (with extensions until October 15). Extends the automatic extension for corporation income tax returns from three to six months.

A bill to amend the Internal Revenue Code of 1986 to provide for the logical flow of return information between partnerships, corporations, trusts, estates, and individuals to better enable each party to submit timely, accurate returns and reduce the need for extended and amended returns, to provide for modified due dates by regulation, and to conform the automatic corporate extension period to longstanding regulatory rule.